2. A LEGAL INFORMATION
WORKSHOP PRESENTED
BY:
Ginny Santos
Project Manager
FLEW (Family Law Education for Women)
T 416 961 8101 x 302
gsantos@onefamilylaw.ca
Your
feedback is
important to
me.
3. Rules about marriage
Who can marry?
Age: How old do you have to be?
Gender: Can women marry women?
Religion: Can people from different religions
marry?
Polygamy: How many spouses can you have
Family ties: Can you marry your relatives?
Citizenship: Can you marry a visitor?
6. WHAT IS FLEW?WHAT IS FLEW?
Provincial public legal education (“PLE”)Provincial public legal education (“PLE”)
projectproject
Funded by the government of OntarioFunded by the government of Ontario
FLEW’s goal is to provide accessibleFLEW’s goal is to provide accessible
information to women in Ontario to assistinformation to women in Ontario to assist
them in understanding their family lawthem in understanding their family law
rights and how they can exercise themrights and how they can exercise them
particular emphasis on reaching womenparticular emphasis on reaching women
who are vulnerable and isolatedwho are vulnerable and isolated
7. WHY WOMEN?WHY WOMEN?
Women continue to be disproportionatelyWomen continue to be disproportionately
impacted by family breakdown:impacted by family breakdown:
One to two women are murdered by a current or
former partner each week in Canada.
More women are single parentMore women are single parent
Women more likely to have significant decline in stdWomen more likely to have significant decline in std
of living after separationof living after separation
Women more likely to experience violence at theWomen more likely to experience violence at the
hands of their intimate partnerhands of their intimate partner
Materials are attempt to recognize thisMaterials are attempt to recognize this
increased vulnerability and needincreased vulnerability and need
Anyone is welcome to use our materialsAnyone is welcome to use our materials
8. WHAT FLEW ISWHAT FLEW IS NOTNOT
Materials are not a substitute for individualMaterials are not a substitute for individual
legal advice and representationlegal advice and representation
They are aThey are a startingstarting place for womenplace for women
They are not self-help toolsThey are not self-help tools
FLEW isFLEW is notnot a direct service agency anda direct service agency and
cannot provide individual legal advice orcannot provide individual legal advice or
representationrepresentation
10. FLEW IS....FLEW IS....
A project that is currently directed by anA project that is currently directed by an
Advisory Council of 5 community agenciesAdvisory Council of 5 community agencies
Has recently moved into second stage ofHas recently moved into second stage of
project, focused on outreach andproject, focused on outreach and
distributiondistribution
11. FLEW ADVISORY COUNCILFLEW ADVISORY COUNCIL
Canadian Council of Muslim WomenCanadian Council of Muslim Women
(CCMW)(CCMW)
Community Legal Education OntarioCommunity Legal Education Ontario
(CLEO)(CLEO)
Metropolitan Action Committee onMetropolitan Action Committee on
Violence Against Women and ChildrenViolence Against Women and Children
(METRAC)(METRAC)
Springtide ResourcesSpringtide Resources
YWCA TorontoYWCA Toronto
13. BORN FROM COMMUNITYBORN FROM COMMUNITY
ADVOCACYADVOCACY
evolved from the advocacy efforts of theevolved from the advocacy efforts of the
No Religious Arbitration CoalitionNo Religious Arbitration Coalition
NRAC came together to advocate againstNRAC came together to advocate against
the use of religious arbitration in family lawthe use of religious arbitration in family law
in Ontarioin Ontario
their work highlighted the need fortheir work highlighted the need for
widespread public family law educationwidespread public family law education
and outreach across the provinceand outreach across the province
15. FLEW LIBRARYFLEW LIBRARY
FLEW has developed a large library of publicFLEW has developed a large library of public
legal education materials for women, to assistlegal education materials for women, to assist
them in understanding their rights underthem in understanding their rights under
Ontario family law.Ontario family law.
Two “streams” of materials:Two “streams” of materials:
1.1. Core materialsCore materials
2.2. Specialized materialsSpecialized materials
16. CORE FLEW MATERIALSCORE FLEW MATERIALS
1.1. Alternative Dispute Resolution &Alternative Dispute Resolution &
Family LawFamily Law
2.2. Child Protection & Family LawChild Protection & Family Law
3.3. Child SupportChild Support
4.4. Criminal and Family LawCriminal and Family Law
5.5. Custody and AccessCustody and Access
6.6. Family Law for Immigrant,Family Law for Immigrant,
Refugee and Non-Status WomenRefugee and Non-Status Women
7.7. Domestic ContractsDomestic Contracts
8.8. Family Law ArbitrationFamily Law Arbitration
9.9. Finding Help with yourFinding Help with your
Family Law ProblemFamily Law Problem
10.10. How Property is Divided inHow Property is Divided in
Family LawFamily Law
11.11. Marriage and DivorceMarriage and Divorce
12.12. Spousal SupportSpousal Support
17. FLEW CORE MATERIALS,FLEW CORE MATERIALS,
CONT’D.CONT’D.
Materials are available in 13 languages:Materials are available in 13 languages:
English, French, Arabic, Chinese (SimplifiedEnglish, French, Arabic, Chinese (Simplified
and Traditional), Farsi, Somali, Spanish,and Traditional), Farsi, Somali, Spanish,
Punjabi, Urdu and Tamil.Punjabi, Urdu and Tamil.
BRAND NEW!:BRAND NEW!: Russian and KoreanRussian and Korean
18. SPECIALIZED MATERIALSSPECIALIZED MATERIALS
Funded partnerships with communityFunded partnerships with community
agencies to adapt core materials foragencies to adapt core materials for
specific communities of womenspecific communities of women
Target audiences for these materials:Target audiences for these materials:
Aboriginal womenAboriginal women
Jewish women*Jewish women*
Muslim women*Muslim women*
Christian women*Christian women*
Immigrant domestic caregiversImmigrant domestic caregivers
Francophone womenFrancophone women
19. ALTERNATIVE FORMATSALTERNATIVE FORMATS
FLEW materials are available in multipleFLEW materials are available in multiple
formats to increase their accessibility forformats to increase their accessibility for
women with disabilities and Deaf women:women with disabilities and Deaf women:
Large printLarge print
BrailleBraille
Audio CDs – with text and audio filesAudio CDs – with text and audio files
DVDs of materials in ASLDVDs of materials in ASL
20. HOW TO ORDER MATERIALSHOW TO ORDER MATERIALS
All of the FLEW materials can be viewedAll of the FLEW materials can be viewed
and downloaded from our website atand downloaded from our website at
www.onefamilylaw.cawww.onefamilylaw.ca
Can order hard copiesCan order hard copies free of chargefree of charge
Order on-line or via telephoneOrder on-line or via telephone
416 326 5300 (Toronto)416 326 5300 (Toronto)
1 800 668 9938 (free across Canada)1 800 668 9938 (free across Canada)
416 325 3408 (TTY)416 325 3408 (TTY)
1 800 268 7095 (TTY) 1 800 268 7095 (TTY)
22. SUBSTANTIVE LAWSUBSTANTIVE LAW
REVIEWREVIEW
1.1. Domestic ContractsDomestic Contracts
2.2. Criminal and Family LawCriminal and Family Law
3.3. Custody and AccessCustody and Access
4.4. Alternative Dispute ResolutionAlternative Dispute Resolution
5.5. Moving and Travelling afterMoving and Travelling after
separationseparation
6.6. ResourcesResources
24. Types of Domestic ContractsTypes of Domestic Contracts
•CohabitationCohabitation AgreementsAgreements
•MarriageMarriage ContractsContracts
•SeparationSeparation AgreementsAgreements
25. Cohabitation AgreementsCohabitation Agreements
•How couple wants to organize financesHow couple wants to organize finances
•What will be done in the event ofWhat will be done in the event of
separation (property, spousal support)separation (property, spousal support)
•Cannot say anything about custody andCannot say anything about custody and
access of childrenaccess of children
•Important for common-law couplesImportant for common-law couples
26. Marriage ContractsMarriage Contracts
= Pre-nuptial agreements= Pre-nuptial agreements
•Same as cohabitation agreementsSame as cohabitation agreements
•Can say how assets and debts areCan say how assets and debts are
divided, including the value of thedivided, including the value of the
matrimonial home.matrimonial home.
•Married spouses have equal rights toMarried spouses have equal rights to
live in the matrimonial home. Marriagelive in the matrimonial home. Marriage
contracts cannot change these rights.contracts cannot change these rights.
27. Separation AgreementsSeparation Agreements
•For married and common-law couplesFor married and common-law couples
•Can address custody and access issuesCan address custody and access issues
•Faster than going to courtFaster than going to court
28. Enforcement of domesticEnforcement of domestic
contractscontracts
•Can be filed with the courtCan be filed with the court
•The court will enforce the contractThe court will enforce the contract
•Do not sign a contract without legalDo not sign a contract without legal
adviceadvice
•The FRO will enforce support clausesThe FRO will enforce support clauses
•Contracts are NOT reviewed by theContracts are NOT reviewed by the
courtcourt
29. Changing domestic contractsChanging domestic contracts
•A woman can challenge the contract inA woman can challenge the contract in
court if she can show:court if she can show:
•Her partner was not honest about hisHer partner was not honest about his
financesfinances
•She was pressured into signingShe was pressured into signing
•The agreement is extremely unfairThe agreement is extremely unfair
•Courts are more likely to changeCourts are more likely to change
sections on spousal support thansections on spousal support than
other parts of the contractother parts of the contract
30. CRIMINAL ANDCRIMINAL AND
FAMILY LAWFAMILY LAW
o What kinds of abuse are illegal?What kinds of abuse are illegal?
o What legal options are available toWhat legal options are available to
women to protect themselves?women to protect themselves?
31. WHAT KINDS OF ABUSE AREWHAT KINDS OF ABUSE ARE
ILLEGAL?ILLEGAL?
Stalking / criminal harassmentStalking / criminal harassment
AssaultAssault
Sexual assaultSexual assault
NOTE: Emotional abuse isNOTE: Emotional abuse is notnot a crime ina crime in
CanadaCanada
32. STALKING / CRIMINALSTALKING / CRIMINAL
HARASSMENTHARASSMENT
StalkingStalking is when an abuser does things tois when an abuser does things to
scare his victim. Common stalkingscare his victim. Common stalking
behaviours include:behaviours include:
Monitoring and followingMonitoring and following
Sending giftsSending gifts
vandalismvandalism
Trying to contact victim or send messages toTrying to contact victim or send messages to
victimvictim
Threatens victim or her familyThreatens victim or her family
33. ASSAULTASSAULT
AssaultAssault: when one person applies force to: when one person applies force to
another person, or attempts or threatens toanother person, or attempts or threatens to
apply force to another person.apply force to another person.
Assault can include:Assault can include:
verbal threats of violenceverbal threats of violence
slappingslapping
shovingshoving
kickingkicking
punchingpunching
stabbingstabbing
34. SEXUAL ASSAULTSEXUAL ASSAULT
Sexual assaultSexual assault is a sexual act or touchis a sexual act or touch
that victim does not consent to. Sexualthat victim does not consent to. Sexual
assault can include:assault can include:
an unwanted kissan unwanted kiss
a sexual toucha sexual touch
forced penetrationforced penetration
forcing victim to do any of these things orforcing victim to do any of these things or
other sexual acts by using threatsother sexual acts by using threats
35. LEGAL REMEDIESLEGAL REMEDIES
1.1. Family court restraining ordersFamily court restraining orders
2.2. Terms of releaseTerms of release
3.3. Peace bondPeace bond
36. I. FAMILY COURT RESTRAININGI. FAMILY COURT RESTRAINING
ORDERSORDERS
Available to spouses (including common law)Available to spouses (including common law)
and former spousesand former spouses
NEW!NEW! Now available to women in datingNow available to women in dating
relationships as long as they cohabited “atrelationships as long as they cohabited “at
some point”some point”
Applicant must persuade judge that she hasApplicant must persuade judge that she has
reasonable fear for her safetyreasonable fear for her safety
Order can restrict partner from contacting orOrder can restrict partner from contacting or
attempting to contact her and her family, andattempting to contact her and her family, and
ordering him to stay a certain distance awayordering him to stay a certain distance away
from herfrom her
order may be for a specified period of time ororder may be for a specified period of time or
indefiniteindefinite
37. EMERGENCY ORDERSEMERGENCY ORDERS
In emergency circumstances, victim canIn emergency circumstances, victim can
seek a temporary restraining order on anseek a temporary restraining order on an
ex parteex parte basisbasis
ex parteex parte means she is asking the court tomeans she is asking the court to
grant the order without notice to thegrant the order without notice to the
respondentrespondent
to ensure that she has some protection into ensure that she has some protection in
placeplace beforebefore the usual court processthe usual court process
beginsbegins
38. BREACH OF RESTRAININGBREACH OF RESTRAINING
ORDERORDER
NEW!NEW! Breach of a restraining order is aBreach of a restraining order is a
criminal offencecriminal offence
Violations should be reported to the policeViolations should be reported to the police
if a woman want to change terms ofif a woman want to change terms of
existing RO, she must bring an applicationexisting RO, she must bring an application
to the courtto the court
39. II. TERMS OF RELEASEII. TERMS OF RELEASE
Where abuser charged with criminalWhere abuser charged with criminal
offence, he may be released by the policeoffence, he may be released by the police
or held for a bail hearingor held for a bail hearing
At this hearing, the court will decide if heAt this hearing, the court will decide if he
should be held in jail until his trial orshould be held in jail until his trial or
allowed out. This is called grantingallowed out. This is called granting bailbail..
Accused must usually follow strictAccused must usually follow strict
conditions. These are calledconditions. These are called terms ofterms of
release,release, or bail conditions.or bail conditions.
40. COMMON TERMS OFCOMMON TERMS OF
RELEASERELEASE
• Terms of release almost always say that anTerms of release almost always say that an
abuser must stay away from his victimabuser must stay away from his victim
• Often the terms of release also say that theOften the terms of release also say that the
abuser:abuser:
must be home by a certain timemust be home by a certain time
is not allowed to consume alcohol or drugsis not allowed to consume alcohol or drugs
is not allowed to own or have firearmsis not allowed to own or have firearms
must live in a certain placemust live in a certain place
must report regularly to the policemust report regularly to the police
may have access to the children only through a court ordermay have access to the children only through a court order
41. MORE POINTS ABOUT TERMSMORE POINTS ABOUT TERMS
OF RELEASE:OF RELEASE:
Terms usually last until charges haveTerms usually last until charges have
been dealt withbeen dealt with
If accused violates terms of release, heIf accused violates terms of release, he
may be charged with new criminal offencemay be charged with new criminal offence
If accused repeatedly violates terms, courtIf accused repeatedly violates terms, court
may revoke bail and keep him in jail untilmay revoke bail and keep him in jail until
the trialthe trial
42. III. PEACE BONDIII. PEACE BOND
If someone has been threatened orIf someone has been threatened or
assaulted, they can apply to court for aassaulted, they can apply to court for a
peace bondpeace bond
Can also apply for peace bond if abuserCan also apply for peace bond if abuser
vandalizes victim’s propertyvandalizes victim’s property
Peace bond can tell abuser to stay awayPeace bond can tell abuser to stay away
from victim, her property and her family forfrom victim, her property and her family for
up to one yearup to one year
Peace bond isPeace bond is notnot a criminal offence,a criminal offence, butbut
breach of peace bondbreach of peace bond isis
43. WHY USE A PEACE BOND?WHY USE A PEACE BOND?
If woman is not able to bringIf woman is not able to bring
application to family court (never livedapplication to family court (never lived
with abuser)with abuser)
If she does not want to involve police,If she does not want to involve police,
or if she told police but they did notor if she told police but they did not
lay a criminal chargelay a criminal charge
44. HOW TO GET A PEACE BONDHOW TO GET A PEACE BOND
Go to see local Justice of the PeaceGo to see local Justice of the Peace
Must swear to tell truth, then explain whyMust swear to tell truth, then explain why
you are afraid of abuseryou are afraid of abuser
Abuser will have notice of application andAbuser will have notice of application and
will be invited to replywill be invited to reply
Usually a hearingUsually a hearing
45. AFTER HEARINGAFTER HEARING
If JP believes woman has good reason toIf JP believes woman has good reason to
be afraid, she will order abuser to sign abe afraid, she will order abuser to sign a
peace bond. PB can last for up to onepeace bond. PB can last for up to one
year.year.
If JP does not believe woman, or believesIf JP does not believe woman, or believes
that both people are responsible for thethat both people are responsible for the
situation, she may ask both of them tosituation, she may ask both of them to
sign asign a mutual peace bondmutual peace bond
Some abusers use mutual peace bondsSome abusers use mutual peace bonds
as way of controlling and harassingas way of controlling and harassing
victims – will trick her into getting too closevictims – will trick her into getting too close
so that he can call police and have herso that he can call police and have her
46. CUSTODY ANDCUSTODY AND
ACCESSACCESS
o DefinitionsDefinitions
o Different arrangementsDifferent arrangements
o Best interests of the childBest interests of the child
47. CUSTODY AND ACCESSCUSTODY AND ACCESS
Both parents have right to make decisionsBoth parents have right to make decisions
about child’s care and upbringingabout child’s care and upbringing
parents can reach an agreement betweenparents can reach an agreement between
themselves to resolve these issuesthemselves to resolve these issues
alternatively, either one can apply to thealternatively, either one can apply to the
court for an order forcourt for an order for custodycustody and/orand/or
accessaccess
49. TYPES OF CUSTODYTYPES OF CUSTODY
ARRANGEMENTSARRANGEMENTS
1.1. Sole custodySole custody
2.2. Joint custodyJoint custody
3.3. Split or shared custodySplit or shared custody
Drawing activityDrawing activity
50. SOLE CUSTODYSOLE CUSTODY
Custodial parent has right to makeCustodial parent has right to make
decisions independentlydecisions independently
Other parent usually has right toOther parent usually has right to
information; may have right to beinformation; may have right to be
consultedconsulted
Custodial parent often hasCustodial parent often has primaryprimary
residencyresidency
51. JOINT CUSTODYJOINT CUSTODY
parents make all major decisions togetherparents make all major decisions together
Joint custody does not automatically meanJoint custody does not automatically mean
equal residencyequal residency
parents must be able to put child’sparents must be able to put child’s
interests firstinterests first
not appropriate where there has beennot appropriate where there has been
history of abuse, intimidation or wherehistory of abuse, intimidation or where
parents are unable to communicate withparents are unable to communicate with
each othereach other
52. SHARED OR SPLIT CUSTODYSHARED OR SPLIT CUSTODY
Shared:Shared: where child spends at least 40where child spends at least 40
% of time with each parent% of time with each parent
Split:Split: where children are split betweenwhere children are split between
parental householdsparental households
These arrangements impact on calculationThese arrangements impact on calculation
of child supportof child support
53. ACCESSACCESS
right of the child to spend time withright of the child to spend time with
non-custodial parent and right of thatnon-custodial parent and right of that
parent to spend time with childparent to spend time with child
Access parents usually have the rightAccess parents usually have the right
to information about the child’s health,to information about the child’s health,
welfare and educationwelfare and education
54. ACCESS SCHEDULESACCESS SCHEDULES
access will almost always be grantedaccess will almost always be granted
access can be broadly worded oraccess can be broadly worded or
may be set out in detailed schedulemay be set out in detailed schedule
if child is very young, or there hasif child is very young, or there has
not been much access, may usenot been much access, may use
graduated access schedulegraduated access schedule
55. ACCESS, CONT’D.ACCESS, CONT’D.
veryvery rare for access to be deniedrare for access to be denied
outrightoutright
if courts persuaded there is a seriousif courts persuaded there is a serious
risk of harm, may order access to berisk of harm, may order access to be
supervisedsupervised by designated thirdby designated third
party or at a supervised accessparty or at a supervised access
centrecentre
56. BEST INTERESTS OF THE CHILDBEST INTERESTS OF THE CHILD
For all aspects of custody and access, the onlyFor all aspects of custody and access, the only
legal consideration is thelegal consideration is the best interests of thebest interests of the
childchild
““Best interests”Best interests” is a legal test that requires theis a legal test that requires the
court to consider a number of factors, including:court to consider a number of factors, including:
ties between the child and the person seeking custody/access;ties between the child and the person seeking custody/access;
the child’s views and preferences;the child’s views and preferences;
the ability of each person to provide for the child;the ability of each person to provide for the child;
the ability of each person to act as a parent;the ability of each person to act as a parent;
Courts areCourts are requiredrequired to take into account any history ofto take into account any history of
abuse, including abuse directed at a spouse or anyabuse, including abuse directed at a spouse or any
other member of the householdother member of the household
58. FAMILY
BREAKDOWN
When couples separate, they will have to deal with
several legal issues, for example:
•how to care for children – where they will live; how
much time they will spend with each parent; how
important decisions about their care will be made
• financial support
• how to divide property
• ending the marriage
59. DISPUTE RESOLUTION
OPTIONS
• Informal arrangements
• Alternative Dispute Resolution (ADR)
1. negotiation
2. mediation
3. arbitration
4.collaborative family law
• Litigation
60. INFORMAL
ARRANGEMENTS
• When a couple separates, they can
decide how to care for their children,
how to divide their property etc. on
their own
• Many couples make these decisions,
without talking to a lawyer or taking
any formal legal steps
61. DISPUTE RESOLUTION
(ADR)
• “Alternative” to going to court
(litigation) – less formal form of
dispute resolution
• ADR is voluntary – people cannot
be forced to participate
62. ADVANTAGES OF ADR
• Parties have more control over
case
• Parties choose method of ADR
that suits their family
• ADR may be faster and cheaper
than a court case
• ADR may be less upsetting or
damaging than going to court
63. WHEN ADR MAY NOT
BE APPROPRIATE
• There is a history of domestic
abuse
• There is a significant power
differential between the parties
• The couple is not able to work
cooperatively
• The couple is not able to
communicate
64. FORMS OF ADR:
1. Negotiation
2. Mediation
3. Arbitration
4. Collaborative family law
65. NEGOTIATION
Can be very informal
Parties talk to each other and reach
an agreement
More commonly, parties negotiate
through their lawyers
If parties reach an agreement, terms
of agreement will be set out in writing
for parties to sign – “separation
agreement”
If the agreement is not in writing, it will
be difficult to enforce.
66. MEDIATION
Role of mediator is to help couple reach an
agreement on the issues in dispute
Mediators are trained in dealing with
conflict – may be social worker,
psychologist or lawyer
must be neutral– can’t favour one side
May suggest ways to resolve conflict, but
can't give legal advice and or impose
terms
Mediation is voluntary – parties can leave
at any point before agreement is reached
67. ARBITRATION
Couple hires third person to resolve conflict
– “Arbitrator”
Arbitrators can decide custody, support,
access and how to divide property – but
cannot grant a divorce or an annulment
Arbitrator’s decision is binding
Unlike mediation, once process begins,
parties cannot walk away
Arbitrator must use only Canadian or
Ontario family law
Difficult to overturn arbitrator’s decision
68. COLLABORATIVE FAMILY
LAW
each person must have a lawyer
parties and their lawyers work together to resolve the
issues through a series of meetings
Parties must be committed to process and agree that
they will not litigate, or use threat of litigation, to pressure
the other side
if process beaks down, each person must hire new
lawyer to represent them in court
Collaborative family law is often faster and more relaxed
than litigation – may be less expensive
usually only works where people respect each other and
work together to solve their problems
69. LITIGATION
If a couple is not able to reach an
agreement themselves, and if ADR
has not worked or is not
appropriate, then either one of
them can apply to the court for an
order to deal with the outstanding
issues
70. Moving and TravelingMoving and Traveling
Read case scenarios and referRead case scenarios and refer
to FLEW bookletsto FLEW booklets
72. WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL
ASSISTANCE?ASSISTANCE?
1.1. Legal Aid OntarioLegal Aid Ontario
Certificate to retain private bar lawyerCertificate to retain private bar lawyer
2 hour DV consultation2 hour DV consultation
Duty counsel in courtsDuty counsel in courts
Family Law Information Centres (FLIC)Family Law Information Centres (FLIC)
1.1. LSUC’s Lawyer Referral ServiceLSUC’s Lawyer Referral Service
regular line: 1-900-565-4577regular line: 1-900-565-4577
emergency line: 1 (800) 268-8326emergency line: 1 (800) 268-8326
73.
74. WHERE TO GO FOR LEGALWHERE TO GO FOR LEGAL
INFORMATION?INFORMATION?
FLEW:FLEW: www.onefamilylaw.cawww.onefamilylaw.ca
CLEO:CLEO: www.cleo.on.cawww.cleo.on.ca
NFF:NFF: www.neighboursfriendsandfamilies.cawww.neighboursfriendsandfamilies.ca
Ministry of Attorney General (Ministry of Attorney General (
www.attorneygeneral.jus.gov.on.cawww.attorneygeneral.jus.gov.on.ca))
75. FLEWFLEW
c/o YWCA Torontoc/o YWCA Toronto
80 Woodlawn Ave East80 Woodlawn Ave East
Toronto, OntarioToronto, Ontario
M4T 1C1M4T 1C1
Editor's Notes
Thank you for invitation
We will take a break
ask questions at any time
What do we mean by PLE?
Vulnerable due to any number of factors such as recent immigration, religion, ethno-cultural factors, language, disability, geographic location, poverty and, in many cases, a combination of these and reasons limiting access
Materials don't read like other PLE materials put out by government agencies. They use very plain language, they include warnings, and they include information that is sometimes difficult for women to hear, but that they are entitled to know.
Statistic taken from www.stopviolence.ca: 2001, Juristat 22(7), Ottawa: Canadian Centre for Justice Statistics, Statistics Canada
Outreach and distribution efforts assisted by comprehensive network of community partners that we have built up over the course of the project. We maintain contact list and send out notices when we have new resources or languages available, or where there has been any developments in the law
If you would like to be added to our list, please send me an email, or leave me your card after the session today
Springtide – formerly Education Wife Assault
Explain what arbitration is....
Concern was that women would be pressured into agreeing to “alternative” dr like arbitration, and thereby give up rights under Canadian public law – rights they might not even know they had
Outreach to women - in particular, isolated and vulnerable women
Imperative that materials speak to the questions and concerns of this target audience, in language that is accessible. To have legitimacy and credibility, materials must reflect the lived experience of these women.
Why Women?
- Anyone is welcome to refer to and use our materials
Bkgrd in advocacy efforts of NRAC
on family breakdown, women still more likely to lead single parents family, more likely to experience significant decline in std of living post-separation and much more likely to experience violence at hands of domestic partners. Materials are attempt to recognize this increased vulnerability and need.
Materials don't read like other PLE materials put out by government agencies. They use very plain language, they include warnings, and they include information that is sometimes difficult for women to hear, but that they are entitled to know.
FLEW has developed a large library of public legal education materials for women, to assist them in understanding their rights under Ontario family law.
Series of plain language booklets dealing with 12 key areas under family law:
* = multi-lingual
Point out key tabs – legal info, how to order, specialized materials, language links, asl and dvd links, how to cover tracks
What kinds of abuse are illegal? What are some of the legal options available to women to protect themselves and their children from abuse?
Stalking:
Stalker may be sending messages through mail, voice mail, texts, email – can be delivered directly to victim or though someone else. If a woman is being stalked, she should keep a journal of all contacts with stalker. This record will help her convince the police and the court that he should be charged.
Assault is a crime, even if the victim is not physically hurt.
In Canada, a spouse can be charged with sexual assault.
Re: threats: telling her that something bad will happen to her or someone she cares about, if she does not consent to sex act
Sexual assault is a crime even if you are not physically hurt.
Bill 133 – passed 3rd reading – awaiting proclamation
Emergency= where a woman’s safety or her children’s safety is immediately threatened
If he is allowed out of jail, the court has granted bail.
Starting place: both parents have the same legal right to make decisions about the child’s care and upbringing.
If parents don’t live together, they have to make plans for the child’s living arrangements and daily life
Under Canadian law, term custody does not refer to where the child lives (residency)
Parents must be able to work collaboratively.
access can be broadly worded (“reasonable and generous access upon request”) or may be set out in detailed schedule
Even parent seeking access has had minimal contact with child, or where history of abuse and/or other issues, access is likely to be ordered
Test is very amorphous and individualized. This is not the full list of factors. Note that list is not exhaustive, so court may consider any other information it feels is relevant to determine the best interests of the particular child at issue.
One partner can’t listen the other
One partner can’t talk to your partner
you cannot work cooperatively with your partner
your partner has been abusive or violent
your partner has tried to bully or scare you
your partner can take advantage of you
your partner has more power than you
Parents must be able to work collaboratively.
Most lawyers will try to negotiate before they decide to take the case to court.
Note that local clinics often have lists of local family law lawyers