CIMM Committee Report

Supplementary Report of the New Democratic Party on STRENGTHENING THE PROTECTION OF WOMEN IN OUR IMMIGRATION SYSTEM

The NDP was pleased the Citizenship and Immigration Committee chose to conduct a study into ways of better protecting women in our immigration system.  While many women come to Canada as individuals or with their families and flourish in a new place, becoming part of our wonderful tapestry of diverse cultures living and working side by side, some women are unfortunately being placed in very vulnerable situations through the act of immigrating.  In this regard, we are pleased to see multiple recommendations from the committee to strengthen the protection of women, but we do not believe these recommendations go far enough.  The report also fails to reflect key elements of witness testimony, including with regards to conditional permanent residency, better support services and information for immigrant women, and long processing times for applications.

Conditional Permanent Residency

Conditional Permanent Residency (CPR), introduced by the Conservatives in October 2012, made permanent residency for sponsored spouses conditional on living together and maintaining a conjugal relationship for two years, in cases where a couple has been together for less than two years and does not have children. The Conservatives did provide an exemption in cases where there is evidence of abuse or neglect by the sponsor, or of a failure by the sponsor to protect from abuse or neglect by another person.

At our hearings, witness after witness stressed how CPR increases the vulnerability of women in our immigration system.  For instance, it was noted that the obligation to cohabit with the sponsor in order to avoid deportation exposes women to abuse, isolation, manipulation and threats:

“The challenges of sponsored spouses, particularly in instances of women who are abused, is complex and we're noticing that they're even more complex now with the two-year conditional residency requirement. Many of the challenges stem from isolation in a new country, with little or no home community support at the local level. There's also an inequality of status based on length of stay in the country, so the spouse who has lived in Canada longer has a better knowledge and support of the local community. This creates an environment where this is a scope for manipulation and threat, causing fear, ostracization and shame.  It is our experience that sponsors used the new legislation to control and abuse their victims by threatening loss of status and deportation if they ever complain. It has become our experience that women trapped in such relationships usually have no one to turn to for support other than the abuser or his family. The abusers normally censor and restrict the interactions of newly-wed immigrant women with family and friends and isolate them from any support networks.”[1]
Ms. Kripa Sekhar, Executive Director, South Asian Women's Centre

With regards to exemptions, several witnesses testified that placing the burden of proof on the sponsored spouse makes the exemption impractical:

“If she's able to provide such proof, she will be entitled to the protection of the Abuse Clause in the Conditional Permanent Residents amendment. She will be protected from being deported.    My concern is with this last kind of vulnerability. So far many of your witnesses have underlined the difficulty of providing evidence of abuse, particularly, of course, if it is a case of psychological or financial abuse. Second, your witnesses from CIC and CBSA have testified that a lot of weight lies with the immigration officers who have to make a judgment call about whether or not abuse is actually taking place. I certainly believe that the officers in question will most often be sympathetic to the woman making the allegation of abuse, however, it remains that the burden of proof is on the individual woman. Contrast this with the principles that have been adopted by the British Forced Marriage Unit (FMU). This unit was put in place in 2005 to provide, and I quote, “practical support, information, and advice to anyone who has been through, or is at risk of a forced marriage in the U.K.”[2]
Prof. Christine Straehle, Professor, Faculty of Social Sciences, University of Ottawa

RECOMMENDATION

The government should eliminate the conditional permanent residency requirement, which increases the vulnerability of women in situations of spousal abuse. The government should also consult widely on alternative measures to ensure the integrity of Canada’s sponsorship program.

Providing Better Information

Many witnesses noted that a lack of information and education about their rights increases the vulnerability of immigrant women to gender-based violence and that, consequently, there is a need for information sessions for both sponsors and sponsors' spouses when they enter Canada to make them aware of their rights and responsibilities under Canadian law.

“From the service provider agency point of view, I think it is now even more significant and vital to provide these vulnerable immigrant women with the information they need should those circumstances arise so that they know who to talk to when there's an issue, so that they're not left in those desperate situations when a crisis comes. This is important to better prepare them for the future.  To the service provider agency, we have to make those services available for these people. We have to invest in those services so this is not a vicious circle for those […] women.”[3]
Ms. Queenie Choo, Chief Executive Officer, S.U.C.C.E.S.S.

Simultaneously, funding for education and information is paramount:

“I also think that more funding should be provided to community organizations. I agree that education is important. Resources are important. Women need to know where they can get help, and if those services can be made available in the first language they speak, it will assist these women as well, so support and settlement services for immigrant women should be maintained and should be strengthened.”[4]
Ms. Avvy Yao-Yao Go, Clinic Director, Metro Toronto Chinese and Southeast Asian Legal Clinic

Finally, we heard during this study that access to job markets was essential in breaking the isolation of women in Canada’s immigration system and that the government must invest in services to support and train women.

“Next are economic barriers. Newcomer women find it difficult to get employment because of lack of accreditation and lack of Canadian education and work experience. The skills they come with are not enough or relevant to the labour market needs. Without employment, they are financially dependent on their sponsors. Women who have sponsored their husbands may face further vulnerability if their husbands leave them and seek social assistance. 

We recommend that before their arrival, they be given information on skills and jobs that are in demand. We also recommend that after they arrive, they be given information and access to skills development programs that are in accord with labour market needs. ” [5]
(Mrs. Khadija Darid (Director General, Espace féminin arabe)

RECOMMENDATION

The government should facilitate immediate meetings with settlement workers for women arriving as sponsored immigrants, where they can receive information about language classes, crisis resources, their rights and responsibilities under Canadian law, and other information pertinent to their integration in the Canadian labor market as well as in Canadian society.

Long Processing Times

The committee heard from witnesses that the isolation of vulnerable spouses contributes to abuse and can lead to the most severe cases of violence.[6] Long processing times in the application process to come to Canada and reunite family members, including children, contributes to the isolation of the sponsored spouse.[7] Additionally, the committee also heard that delays in family reunification not only adversely impact spouses who are at risk of abuse but also has a negative impact on  ‘‘the social support system’’ and on ‘‘the criminal justice system.’’[8]

RECOMMENDATION

The government should audit its family reunification program and addresses the processing time delays in a timely fashion.