Canada Immigration

Refugee Claim in Canada Law

2004-11-12T16:47:00.009-08:00

Source:
http://www.irb-cisr.gc.ca/en/about/publications/pamphlet/tribunal_e.htm
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The Tribunal Process

While each division of the IRB has unique responsibilities, they all
follow a quasi-judicial tribunal process. The process is designed to
ensure fair, efficient, and consistent decisions in accordance with
Canadian law and Canada's international obligations and humanitarian
traditions. The tribunal process includes the following
characteristics:
Individuals appearing before the tribunal have the right to be
represented by counsel, who does not need to be a lawyer, but who could
be an immigration consultant or a trusted advisor.
Individuals have the right to be heard and to present their cases
fully. This is usually done by way of an oral hearing.
All testimony is given under oath or by affirmation.
The persons who make decisions on cases are called members.
Most cases are heard by one member, although occasionally in the
Refugee Protection Division and Immigration Appeal Division, panels of
three members will hear cases.
Hearings concerning refugee claimants are generally held in private,
while other hearings are usually open to the public. However, a member
of the public may apply to attend a refugee hearing, and upon request,
other hearings may be held in private. The guiding principle in all
cases is whether there is a serious possibility that the life, liberty
or security of a person would be endangered by holding the hearing in
public.
The setting and procedures for hearings are relatively informal and
therefore, evidence presented and accepted is not restricted by
technical or legal rules of evidence.
Each division has rules of practice that set out more detailed
requirements for procedures, time limits, disclosure of evidence,
provision of documents, and other responsibilities of parties and
counsel.
Hearings are usually conducted in person, although they can also be
held by videoconference, telephone or other means that allow for a fair
hearing.
The services of an interpreter are provided if required, and an
individual may choose in which of Canada's official languages, English
or French, the hearing will be conducted.
All IRB decisions are based on the evidence provided during the
proceedings.
Members must provide reasons for all final decisions.
Both CIC and individuals appearing before the IRB have the right to
apply to the Federal Court of Canada for judicial review of decisions
rendered by one of the divisions of the IRB. They must first obtain
leave (permission) of the Court.
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Canada Refugee How it Works

2004-11-12T16:47:00.008-08:00

Source:
http://www.irb-cisr.gc.ca/en/about/publications/pamphlet/rpd_e.htm
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The Refugee Protection Division
What does it do?

The Refugee Protection Division decides claims for refugee protection
made by persons in Canada. Citizenship and Immigration Canada (CIC)
decides refugee protection claims made outside Canada, in Canadian
embassies and consulates.

The Refugee Protection Division also makes decisions on applications
regarding loss of refugee protection status. These applications are
filed by CIC.

Canada has an obligation to grant protection to refugees and other
persons in need of protection under a number of United Nations
conventions, including the 1951 Convention Relating to the Status of
Refugees, the 1966 International Covenant on Civil and Political
Rights, and the 1984 Convention Against Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment.
Who are "Convention refugees" and "persons in need of protection"?

The Refugee Protection Division of the IRB determines whether people
who appear before it are "Convention refugees" or other "persons in
need of protection."

Under the 1951 Convention, "Convention refugees" are people who have
left their home country and have a well-founded fear of persecution
based on:
race
religion
nationality
political opinion, or
membership in a particular social group.

"Persons in need of protection" are individuals whose removal to their
home country would subject them personally:
to a danger of torture; or
to a risk to their life or a risk of cruel and unusual treatment or
punishment.

As with Convention refugees, persons in need of protection must face
the risk throughout the country in question.

The risk to life or of cruel and unusual treatment or punishment must
be a personal risk and not one that applies generally to others in or
from the country. Also, the risk must not come as a result of lawful
sanctions that conform to international standards, and must not be
caused by the country's inability to provide adequate health or medical
care.

Some persons are excluded from the definitions of a Convention refugee
or a person in need of protection. They are people who:
have committed a crime against peace, a war crime, or a crime against
humanity;
have committed a serious non-political crime outside Canada;
are guilty of acts contrary to the purposes and principles of the
United Nations; or
have taken up residence in a country where they have rights similar to
those of a national of that country.
What is the process for making a claim for refugee protection?

Claims for refugee protection cannot be made directly to the
Immigration and Refugee Board (IRB). A claim is made by notifying an
officer of Citizenship and Immigration Canada (CIC) at any port of
entry or at a Canada Immigration Centre. A CIC officer will determine
whether the claim is eligible to be heard and will refer eligible
claims to the Refugee Protection Division. If no decision has been made
by a CIC officer within three days, the claim will be deemed referred.

The burden of proof rests on claimants to show that their claims are
eligible to be referred to the IRB. Claims that are ineligible include
those where:
refugee protection has already been granted in another country or
refused in Canada;
the claimant came to Canada from or through a designated "safe third
country" where refugee protection could have been claimed; or
a claimant has been determined to be a security risk, a violator of
human rights, a serious criminal or a person involved in organized
crime.

Claimants who are referred to the Refugee Protection Division are
provided with information about the hearing process. They are required
to complete a Personal Information Form detailing the nature and facts
of their claim for refugee protection.

The claim is then reviewed to determine whether it will go through an
expedited process or a full hearing process.

The expedited process is used when a claim appears to be manifestly
well founded. In this process, a claimant is interviewed by an IRB
employee called a refugee protection officer, who makes a
recommendation about the claim. If the recommendation is favourable,
the claim is forwarded to a member who will decide if it should be
accepted without a hearing. A full hearing is held if the claimant is
not granted refugee protection through the expedited process.

Full hearings follow the general tribunal process described on page 3.
The process is usually non-adversarial; it becomes adversarial when a
representative of CIC participates in the case to argue against the
claim. A refugee protection officer assists the member to ensure that
credible and relevant evidence is presented. Representatives of the
United Nations High Commissioner for Refugees may observe any hearing.

Individuals whose claims for refugee protection are accepted by the IRB
may apply to become permanent residents of Canada.

Both the claimant and CIC may ask the Federal Court of Canada for leave
(permission) to apply for judicial review of any decision of the
Refugee Protection Division. If permission is granted and the judicial
review is allowed, the claim is returned to the Refugee Protection
Division for re-hearing. Unsuccessful claimants may have other avenues
of recourse at CIC including a pre-removal risk assessment.

Chart 1 illustrates the refugee protection determination process.
What does the IRB do to provide information that supports fair refugee
protection determination?

Refugee protection determination has been described as one of the most
difficult forms of decision making. Refugee protection claims are often
complex. Claimants, speaking through an interpreter, are usually not at
ease in their role as witnesses at their hearing. The events they
describe happened in faraway countries, frequently in the midst of
civil strife, and their allegations are often impossible to document.
As a result, it can be very difficult to distinguish between false and
genuine claims.

However, members receive comprehensive ongoing training, develop
expertise on the human rights conditions in countries of alleged
persecution, and have access to the IRB's internationally recognized
research program. This program makes available current, public and
reliable information to all parties in the refugee protection
determination system.

The information is gathered through interviews with human rights
workers, journalists, academics and other authorities and through the
collection and review of a wide range of publications on international
affairs and refugee and migration issues. The latest information
technologies are used to provide documentation that supports fair
refugee protection determination. Obtaining information from various
sources ensures that the information is balanced, corroborated and
covers a range of informed views and opinions. As well, the IRB
exchanges and shares information on country conditions with
international organizations such as the United Nations High
Commissioner for Refugees, foreign government agencies, and
non-governmental organizations.

This information is available at the IRB's Regional Documentation
Centres
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How to make a refugee claim?

2004-11-12T16:47:00.007-08:00

Source:
http://www.irb-cisr.gc.ca/en/about/publications/pamphlet/rpd_e.htm#pr...
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What is the process for making a claim for refugee protection?

Claims for refugee protection cannot be made directly to the
Immigration and Refugee Board (IRB). A claim is made by notifying an
officer of Citizenship and Immigration Canada (CIC) at any port of
entry or at a Canada Immigration Centre. A CIC officer will determine
whether the claim is eligible to be heard and will refer eligible
claims to the Refugee Protection Division. If no decision has been made
by a CIC officer within three days, the claim will be deemed referred.

The burden of proof rests on claimants to show that their claims are
eligible to be referred to the IRB. Claims that are ineligible include
those where:
refugee protection has already been granted in another country or
refused in Canada;
the claimant came to Canada from or through a designated "safe third
country" where refugee protection could have been claimed; or
a claimant has been determined to be a security risk, a violator of
human rights, a serious criminal or a person involved in organized
crime.

Claimants who are referred to the Refugee Protection Division are
provided with information about the hearing process. They are required
to complete a Personal Information Form detailing the nature and facts
of their claim for refugee protection.

The claim is then reviewed to determine whether it will go through an
expedited process or a full hearing process.

The expedited process is used when a claim appears to be manifestly
well founded. In this process, a claimant is interviewed by an IRB
employee called a refugee protection officer, who makes a
recommendation about the claim. If the recommendation is favourable,
the claim is forwarded to a member who will decide if it should be
accepted without a hearing. A full hearing is held if the claimant is
not granted refugee protection through the expedited process.

Full hearings follow the general tribunal process described on page 3.
The process is usually non-adversarial; it becomes adversarial when a
representative of CIC participates in the case to argue against the
claim. A refugee protection officer assists the member to ensure that
credible and relevant evidence is presented. Representatives of the
United Nations High Commissioner for Refugees may observe any hearing.

Individuals whose claims for refugee protection are accepted by the IRB
may apply to become permanent residents of Canada.

Both the claimant and CIC may ask the Federal Court of Canada for leave
(permission) to apply for judicial review of any decision of the
Refugee Protection Division. If permission is granted and the judicial
review is allowed, the claim is returned to the Refugee Protection
Division for re-hearing. Unsuccessful claimants may have other avenues
of recourse at CIC including a pre-removal risk assessment.
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How to make Immigration Appeal?

2004-11-12T16:47:00.006-08:00

Source:
http://www.irb-cisr.gc.ca/en/about/publications/pamphlet/iad_e.htm
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The Immigration Appeal Division
What does it do?

The Immigration Appeal Division hears and decides appeals on
immigration matters such as appeals from refused sponsorship
applications and appeals from removal orders.
Who appears before the Immigration Appeal Division?

There are four types of appeals that are heard by the Immigration
Appeal Division:
Sponsorship Appeals

Canadian citizens and permanent residents whose applications to sponsor
close family members to Canada have been refused may file an appeal at
the Immigration Appeal Division. However, they cannot appeal the
refusal of persons who have been found inadmissible to Canada based on:

serious criminality with a sentence of two years or more;
organized criminality;
security grounds;
violations of human or international rights;
misrepresentation (unless the sponsored family member is the sponsor's
spouse, common-law partner or child).
Removal Order Appeals

Permanent residents, Convention refugees, protected persons and foreign
nationals with a permanent resident visa who have been ordered removed
from Canada may file an appeal at the Immigration Appeal Division.
However, they cannot appeal their removal order if they have been found
inadmissible to Canada because of:
serious criminality with a sentence of two years or more;
organized criminality;
security grounds;
violations of human or international rights.
Residency Obligation Appeals

Permanent residents determined outside of Canada by an officer of
Citizenship and Immigration Canada (CIC) not to have fulfilled their
residency obligation also have a right of appeal before the Immigration
Appeal Division.
Minister's Appeals

The Minister of CIC may appeal a decision made by the Immigration
Division at an admissibility hearing.
What are the grounds for an appeal?

The Immigration Appeal Division may allow an appeal and set aside an
original decision based on the grounds of an error in law or fact, or
of a breach of a principle of natural justice. In certain cases, the
Immigration Appeal Division may also give special relief on the basis
of humanitarian and compassionate considerations in all the
circumstances of the case, which includes taking into account the best
interests of a child.
What happens when a person appeals a sponsorship refusal?

The sponsor has 30 days after the refusal to make an appeal to the
Immigration Appeal Division. The appeal will be heard by a member
following the tribunal process described on page 3. Some sponsorship
appeals go through an Alternative Dispute Resolution (ADR) process. A
dispute resolution officer (usually a member of the Immigration Appeal
Division) encourages the parties to resolve the appeal without a full
hearing.

If the appeal is allowed, CIC will resume processing the sponsorship
application or it may challenge the decision of the Immigration Appeal
Division by applying to the Federal Court of Canada for leave for
judicial review. It is possible for CIC to refuse the application on
other grounds.

If the appeal is dismissed, the sponsor may apply to the Federal Court
of Canada for leave for judicial review.

The Federal Court will either dismiss the application by CIC or the
sponsor or return the case to the Immigration Appeal Division for
re-hearing.

Chart 4 illustrates the sponsorship refusal appeal process.
What happens when a person appeals a removal order?

Appeals of removal orders must be made within 30 days of the removal
order being issued. A member will hear the appeal following the
tribunal process described on page 3.

If the appeal is allowed, the removal order is set aside and the person
will be permitted to remain in Canada. If the appeal is dismissed, the
removal order will be upheld and CIC may remove the person from Canada.

The Immigration Appeal Division could decide to stay the removal order,
which means that it would not be carried out for a set period. The
person must also comply with certain conditions. The Immigration Appeal
Division may change the conditions, cancel the stay or change the time
period of the stay. If the Immigration Appeal Division cancels the
stay, it will then allow or dismiss the appeal.

As with sponsorship appeal decisions, the person concerned or CIC may
challenge the decision of the Immigration Appeal Division by applying
to the Federal Court of Canada for leave for judicial review.

Chart 5 illustrates the removal order process.
What happens when a person appeals a CIC decision made outside of
Canada that the person has not complied with the residency obligation?

The person who is alleged not to have complied with the residency
obligation must make the appeal no later than 60 days after receiving
the written decision.

Upon application, the Immigration Appeal Division can issue an order
that the person must physically appear at the hearing. Once the order
is made, a CIC officer will issue a travel document allowing the person
to return to Canada for the hearing.

A member will hear the appeal following the tribunal process described
on page 3.

If the appeal regarding the residency obligation is allowed, the
Immigration Appeal Division will set aside the decision of the officer
and the person will not lose permanent resident status. If the appeal
is dismissed and the person is in Canada, the person will lose
permanent resident status and the Immigration Appeal Division will make
a removal order.

The person concerned or CIC can challenge any Immigration Appeal
Division decision by making an application to the Federal Court of
Canada for leave for judicial review.
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Foreign Student in Canada

2004-11-12T16:47:00.005-08:00

Source: http://www.cic.gc.ca/english/monitor/issue06/04-students.html
Foreign Students
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Source Countries

Canada took in 9,840 foreign students in the first quarter (see table
8), a 17% drop over the same quarter of 2003. South Korea continued to
be Canada�s largest source of foreign students, accounting for 38% of
entrants, or 3,739 students. This represented a 1% decline over the
same quarter of 2003. Japan ranked second, sending 1,034 students.

Much of the overall decline in student numbers reflected a slowing
trend in the number of student applicants from the People�s Republic of
China. For the first time since the second quarter of 2002, China
ranked as neither the first nor the second country of origin for
Canada�s foreign student flows. China sent 1,019 foreign students to
Canada in the first quarter, representing a decline of 57% over the
same quarter of 2003. The decline in the number of Chinese students was
evident at all levels of study, but the largest percentage declines was
at the primary and secondary levels (from 422 to 115 students) and the
trade level (from 106 to 9 students). Declines were larger for the
university level (from 759 to 433) and the other post-secondary level
(from 1,031 to 417).

Canada is not unique in observing declining numbers of Chinese student
applicants recently. Some of Canada�s competitors in the educational
field have noted the same phenomenon. It remains unclear whether this
slowdown is a short- or a long-term trend. The specific factors that
have led to the Chinese decline are also not well understood. Domestic
changes in China may be an important contributing factor. For example,
the number of private education providers in China has expanded
significantly in recent years. This change and others have made higher
education more accessible within China and may have reduced the demand
for study abroad.

Level of Study

All levels of study reflected a quarterly decline over the same period
in 2003 (see table 7). The other post-secondary level of study declined
at the greatest rate (27%), bringing in 531 fewer students in the first
quarter. The smallest decline (8%) occurred at the trade level, which
accounted for 236 fewer students.

International Students in Canada

2004-11-12T16:47:00.004-08:00

Source: http://www.cic.gc.ca/english/monitor/issue06/04-students.html
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Destination

Student numbers in the first quarter (see table 9) declined in all
provinces but one (New Brunswick). Ontario and British Columbia
accounted for almost three-quarters of student entrants. Ontario saw a
steeper decline in foreign student numbers than British Columbia. While
the two provinces took in about the same number of students in the
first quarter of 2003 (just over 4,300 students to each province), a
year later, Ontario took in 3,337 and British Columbia, 3,867. This
represented a quarterly decline of 23% for Ontario and 12% for British
Columbia. British Columbia therefore easily ranked as the leading
destination for new foreign students for this quarter.

Smaller flows from China affected both Ontario and British Columbia.
China sent 486 fewer students to B.C., accounting for almost all of
B.C.�s quarterly decline. Some 696 fewer Chinese students arrived in
Ontario. But the Chinese numbers can only account for part of Ontario�s
decline of over 1,000 students. Other countries that contributed to the
decline included South Korea, Japan and Vietnam. At present, it is not
clear whether there are factors unique to Ontario that may account for
declines from a greater number of countries.
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Who becomes Citizen in Canada

2004-11-12T16:47:00.003-08:00

Source:
http://www.cic.gc.ca/english/monitor/issue06/05-citizenship.html
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Citizenship grants increased by 68% over the first quarter of 2003 (see
table 10). The rise in citizenship grants is consistent with the higher
numbers of landings during 2000 and 2001. Many of these immigrants
became eligible and decided to acquire Canadian citizenship. A total of
56,147 people were granted Canadian citizenship between January and
March 2004. The leading six countries of birth for new citizens all
came from Asia. This included, in descending order, China, India, the
Philippines, Pakistan, South Korea and Sri Lanka. The United States and
Jamaica were the only two countries from the Americas to rank among the
top ten, and England was the only European country. Finally, Iran
ranked tenth and was the only country to make the top ten outside of
the world areas described above.

China, which accounted for 12% of new Canadian citizens, jumped by 59%
in the first quarter of 2004, to 6,630 people. India was second, with
5,647 new Canadian citizens�a 90% increase over the same period in
2003, and accounting for one in ten new Canadian citizens.
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Citizen and Naturilization in Canada

2004-11-12T16:47:00.002-08:00

Source: http://www.cic.gc.ca/english/monitor/issue06/06-feature.html
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According to the first set of interviews from the Longitudinal Survey
of Immigrants to Canada, 92% of immigrants interviewed six months after
landing indicated that they intended to become Canadian citizens.
Naturalization is often understood as the ultimate decision by the
immigrant population to fully integrate into the host society. While a
variety of factors influence such a decision, naturalization is an
important measure of the willingness of the immigrant and the receiving
population to build a common future.

CIC administrative data [note 1] allow us to look at citizenship
acquisition rates through time and see how cohorts vary in terms of
their naturalization rates after the same period of time in Canada. For
this analysis, the focus will be on the country or region of origin and
immigrant class at time of landing. Immigrants who landed in two time
periods, that is, between 1991 and 1995, and in 1996 and 1997, will be
examined.

CIC administrative data up to May 15, 2001, show that the citizenship
acquisition rate for all immigrants landed between 1991 and 1995 was
68% (805,326 naturalized citizens out of a possible 1,181,530) and 39%
for all immigrants landed in 1996 and 1997 (172,746 naturalized
citizens out of a possible 442,077). An examination of 2001 census data
for the same landing cohorts reveals even higher citizenship
acquisition rates (79% for the 1991�1995 cohort and 57% for the
1996�1997 cohort). This difference can be explained by differences
between the populations described in the two data sources. CIC
administrative data record all immigrants who came during a particular
period of time, whether or not they were present in Canada on census
day. Census data include only those who were living in Canada at the
time of the census and therefore, do not capture deaths or migration
outside of Canada.

Nevertheless, both data sources show that the probability of becoming a
Canadian citizen does increase with the amount of time spent in Canada.
However, the rates differ greatly depending on the country and the
major world region despite the fact that all immigrants were governed
by the same rules in terms of citizenship acquisition.
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Requirements for Canadian Citizenship

2004-11-12T16:47:00.001-08:00

Canadian citizenship

2004-11-12T16:47:00.000-08:00

Immigration Class in Canada

2004-11-12T16:46:00.009-08:00

Immigrants intend to become Canadian citizens after coming to Canada

2004-11-12T16:46:00.008-08:00

Source: http://www.cic.gc.ca/english/monitor/issue06/06-feature.html
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The differences in acquisition rates by immigration class can be
explained in large part by the source countries and the age of the
immigrants in each class. For example, the vast majority of refugees
came from unstable countries, and these immigrants have higher rates of
naturalization in Canada. In terms of age, the larger share of family
class immigrants were 45 years old or more. Previous research has shown
that immigrants who land at an older age are less likely to naturalize.

The vast majority of immigrants intend to become Canadian citizens
after coming to Canada, availing themselves of the rights, privileges
and responsibilities associated with Canadian citizenship. Data from
CIC administrative files indicate that acquisition rates vary
significantly depending on the place of birth and the immigration
class. They also indicate that immigrants who have lived in the country
for a longer period of time have higher citizenship acquisition rates
than more recent arrivals, and that refugees and immigrants from
developing countries have higher naturalization rates.

The administrative dataset has allowed a more detailed examination of
the citizenship acquisition process, particularly for different
immigrant groups and landing cohorts over time. However, the rates
(which are lower than ones recorded in the Census) may not be a true
reflection of how many newcomers chose to become Canadian citizens.
People who come to Canada and leave (or die) before they are eligible
for citizenship are included in the figures but never consider making
this choice. Citizenship acquisition rates, as calculated using the
Census, may be a truer reflection of the proportion of newcomers who
choose to complete their integration into Canadian society and
naturalize.

Immigrating to Canada

2004-11-12T16:46:00.007-08:00

Canada Class Immigration

2004-11-12T16:46:00.006-08:00

Source: http://www.cic.gc.ca/english/immigrate/index.html
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Skilled Worker Class Immigration:
Canada values the skills and experiences that foreign professionals and
workers bring with them. Check to see if your skills and experience
qualify you to come to Canada as a skilled worker.
Business Class Immigration:
Canada has a strong economic culture. If you have experience running or
investing in businesses, you may qualify to come to Canada as a
business immigrant.
Provincial Nomination:
Most Canadian provinces have programs that encourage immigrants to
settle in those provinces and benefit their economies. Learn about
settling in one of Canada�s provinces as a provincial nominee.
Family Class Immigration:
Family class immigration reunites families in Canadian homes. Learn how
to sponsor your family member or come to Canada as a member of the
family class.
International Adoption:
Adopting children from abroad can be a long process. This is to protect
children�s rights. Learn about what you need to do to bring an adoptive
child to Canada.
Quebec-Selected Immigration:
Quebec is responsible for selecting immigrants who wish to settle in
Quebec. Find out how to apply to be selected to settle in Quebec

Immigration Documents

2004-11-12T16:46:00.005-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/index.html
BEFORE YOU LEAVE FOR CANADA
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Essential documents
Important documents
What you should know about health care
What you can bring into Canada
Getting ready to look for work
Getting ready if you are a business immigrant
Communities across Canada
The Canadian climate: What to expect and what clothes to bring
Schools and universities

THE DAY YOU ARRIVE IN CANADA
Customs and immigration
Reception services

IMMIGRANT-SERVING ORGANIZATIONS
LINC (Language Instruction for Newcomers to Canada)
Host Program

YOUR FIRST FEW DAYS IN CANADA
Finding a place to live
To buy or to rent
Types of housing
How to find a place to live
What if you have a large family?
How much will it cost?
Signing a lease
Applying for a health-insurance card
Applying for a Social Insurance Number

FINDING A JOB, BUILDING A FUTURE
International educational assessment services in Canada
Provincial evaluation services
Employment in regulated professions and trades
Language skills
Job opportunities
Employment laws
Discrimination
Deductions and taxable benefits
Income tax
Canada Pension Plan
Employment Insurance
Taxable benefits
Union dues

GENERAL INFORMATION ABOUT CANADA
Geography
Distances
Population
Map of Canada
The Francophone population
History
Economy
Government
Federal government
Provincial governments
Territorial governments
Municipal governments
Bilingualism
Multiculturalism
Protecting the environment -- Sustainable development

THE CANADIAN WAY OF LIFE
Family life and family law
Marriage, divorce and the law
Birth control and family planning
Youth and their parents
Youth and the law
Standards and expectations
Important social standards
Some Canadian laws
Interacting with officials
People in authority
Public officials
Police officers

YOUR RIGHTS AND OBLIGATIONS
Personal rights and freedoms
Children's rights
Women's rights
Senior citizens' rights
Becoming a Canadian citizen
Responsible and active citizenship

Cnadian Rights and Frindoms

2004-11-12T16:46:00.004-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/section-09.html
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Personal rights and freedoms

The Canadian Charter of Rights and Freedoms describes the basic
principles and values by which Canadians live. The Charter is part of
Canada's Constitution. The Charter protects you from the moment you
arrive on Canadian soil. It gives everyone in Canada the following
fundamental rights and freedoms:
the right to life, liberty and personal security;
freedom of conscience and religion;
freedom of thought, belief, opinion and expression, including freedom
of the press and other media of communication;
freedom to hold peaceful meetings;
freedom to join groups;
the right to live and work anywhere in Canada;
protection from unreasonable search or seizure and arbitrary detainment
and imprisonment;
the right to be presumed innocent until proven guilty;
the right to have a lawyer;
the right to a fair trial, through due process of law; and
the right to equal protection and benefit under the law, without
discrimination.

Children's rights

In Canada, you are required by law to properly care for your children.
Police, doctors, teachers and children's aid officials will act when
children are being abused. This includes any form of harm and abuse --
physical, psychological or sexual. All forms of child abuse are serious
crimes. In serious cases of abuse, children can be taken away from
their parents.

Physical abuse is any intentional physical contact that causes injury.
For example, spanking a child long enough or hard enough to cause
bruises, or spanking with anything other than an open hand, is a form
of abuse. Some cultural practices, such as female circumcision, are
also considered physical abuse and are against the law.

Psychological abuse includes terror and humiliation.

Sexual abuse includes any form of sexual contact between an adult and a
child.

Neglect is also a form of child abuse. Parents who fail to protect and
provide for their children are guilty of neglect. By law, children
under 12 cannot be left alone to look after themselves or younger
siblings.

Kids' "helplines" are available for children who need someone to help
them or just need someone to talk to.

Women's rights

In Canada, women have the same legal status, rights and opportunities
as men. Most Canadian men respect women as equals -- socially, in the
workplace and in the home. Violence against women is against the law.
Women who are abused can seek help for themselves and their children in
local shelters. They are also entitled to legal protection to keep them
safe.

Senior citizens' rights

A senior citizen is someone 65 years of age or older. It is common in
Canadian society for healthy senior citizens to live on their own,
instead of living with their children. Older people who need special
care often move to a retirement or nursing home that provides trained
staff and health-care workers. However, many Canadians still care for
older family members in their own home.

Old Age Security: The Old Age Security (OAS) program ensures a basic
income to all people in Canada 65 years of age or over who meet the
residence requirements. Usually, OAS is paid after a person has lived
in Canada at least 10 years, although people who have lived or worked
in countries with which Canada has an agreement may qualify after as
little as one year. Low-income people who get OAS may also qualify for
the Guaranteed Income Supplement (GIS) and their spouses (or widows)
may also qualify for the Spouse's Allowance if they are between 60 and
64 years of age.

The Canada Pension Plan pays benefits to contributors in the event of
retirement or disability, as well as benefits to surviving spouses and
orphans in the event of death of a contributor. All workers in Canada
contribute to the plan.
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Canada Family Law

2004-11-12T16:46:00.003-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/section-08.html
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Family life and family law

Many people in Canada find that it takes two incomes to raise a family,
even though parents are having fewer children. Most mothers have a job
outside the home, and in many families, both parents share the work of
shopping, cooking, cleaning the house and looking after the children.
Because divorce has become more common, there are many one-parent
families in Canada. Most single parents who raise their children on a
full-time basis are women. There are also same-sex couples with
children.

Marriage, divorce and the law

Canadian law views marriage as a legal agreement or contract between a
man and a woman. Married people are considered equal partners. Marriage
laws apply to all Canadian citizens and permanent residents. Many
unmarried couples live together. In most provinces, unmarried
heterosexual couples who have lived together for a certain period of
time have legal status as "common-law" couples. They may call each
other "husband" and "wife," or they may simply say "my partner."

Either the wife or the husband can ask for a divorce. This request will
normally be approved by the courts if both people have agreed to end
the marriage. Divorce will also be approved if one partner has been
harmed through cruelty, adultery or a similar injustice.

Birth control and family planning

Many people use birth control. It is a matter of personal choice. Women
can get a prescription for birth control pills from a doctor. Family
planning information is available from government departments of health
and public health offices, as well as from local health clinics.
Abortion is legal but is only available from a doctor.

Canada Laws

2004-11-12T16:46:00.002-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/section-08.html
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CANADIAN LAWS

Some laws you
should be aware of
It is illegal to drive without a driver's licence, registration and
insurance.
It is illegal to drive if you have been drinking alcohol.
The driver and all passengers must wear seat belts at all times when
driving in Canada.
Babies and children who are too small to wear seat belts must be placed
in properly installed infant or child car seats, appropriate to the age
and weight of the child.
Children under 12 years of age cannot be left at home alone, or to care
for younger children.
All children aged six to 16 must attend school.
Smoking is not permitted in federal buildings, in elevators, on
Canadian airlines, on buses and on other public transportation, nor in
many banks, shops, restaurants and other public places (some
municipalities have banned smoking in all public buildings).
Depending on which part of Canada you live in, you must be either 18 or
19 years old to buy or drink alcohol in any form.
It is against the law to hit your spouse or children, either in the
home or in public.
It is illegal to use, buy or sell marijuana, heroin, cocaine and other
addictive drugs.
It is illegal to make any kind of sexual remarks or advances if the
other person does not like them.

Canada is a land of many cultures and many peoples

2004-11-12T16:46:00.001-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/section-07.html
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History

Canada is a land of many cultures and many peoples. Aboriginal peoples
have occupied the territory now called Canada for several thousands of
years. Everybody else, either by birth or by descent, has been an
immigrant -- we have all come from somewhere else. It has been said
that Canada is a "nation of immigrants."

There are three main groups of Aboriginal peoples in Canada: the First
Nations, the Inuit and the Métis. There are more than 50 different
languages spoken by Canada's Aboriginal peoples, most of which are
spoken only in Canada. In fact, the name "Canada" may have come from
the word "Kanata," which means a settlement in the language of the
Huron-Iroquois First Nations peoples.

As a country, Canada came into being on July 1, 1867. This event is
known as "Confederation." Before 1867, the French arrived first, then
the British. Each brought their own language, system of government,
laws and culture. In 1763, after a long war between the British and the
French, all of Canada came under British rule and was known as "British
North America."

In the late 18th and into the 19th century, during and after the time
of the American Revolution, many African-Americans and United Empire
Loyalists fled the United States for Canada, where British ties
remained and slavery had been abolished.

During the mid- to late 19th and early 20th century, waves of
immigrants arrived from Europe, attracted by the opportunity of a new
and better life in Canada. Some settled in towns and cities; others
worked in factories, mines and lumber camps. Many were farmers who
turned the Prairie region into wheat fields. Asian immigrants from
China, Japan and India settled mainly in the western provinces during
this time. Many immigrants helped build Canada's national railways,
which joined the east and west coasts and opened up the interior for
settlement.

After both world wars, thousands of Europeans came to Canada as
immigrants and refugees and helped build Canada's post-war economy.
Canada's experience during and after the Second World War raised
awareness of the needs of refugees and the desire of families to be
together.

Over the last 50 years, people from all over the globe have sought a
better life or have sought refuge in Canada, fleeing civil wars,
political unrest and natural disasters.

Canada still needs the skills, talents and enthusiasm of newcomers to
build our country, together with those who have come before them. All
of this has been reflected in Canada's immigration and refugee
policies. Today, Canada is home to immigrants from more than 240
countries. Most newcomers decide to become citizens of Canada, after
they are settled and have met the requirements of Canadian citizenship.

Economy

Canada has a diversified economy. Natural resources industries, such as
forestry, mining, oil and gas extraction, farming and fishing, are
important sources of jobs and export earnings. Canada is also a world
leader in the fields of telecommunications, biotechnology, aerospace
technologies and pharmaceuticals. More and more jobs involve work in
service industries or in information technology. Along with the United
States and Mexico, Canada is a partner in the North American Free Trade
Agreement.

Canada has a decimal system of currency. The Canadian dollar is the
basic unit of money. The most common paper bills are the $5, $10 and
$20, but $50 and $100 bills are also used. Canadian coins include the
penny (one cent), nickel (five cents), dime (10 cents), quarter (25
cents), loonie ($1) and toonie ($2).

Government

Canada is a federation, with a parliamentary system of government.
Being a federation means that powers and responsibilities are divided
between the federal government and the 10 provincial governments.
Canada also has three territorial jurisdictions. Canada has three
levels of government: federal, provincial and municipal (cities and
towns). These governments are elected by the citizens of Canada.

Federal government
(Government of Canada)

The federal government is responsible for:
defence;
foreign policy and foreign relations;
banking;
the postal service;
criminal law;
immigration; and
citizenship.

Provincial governments

Provincial governments are responsible for:
education; and
municipal institutions.

They also share responsibility with the federal government for:
health services;
farming;
social assistance;
transportation; and
the environment.

Territorial governments

The Northwest Territories, Yukon and Nunavut are not sovereign units.
They get their powers from the federal parliament, but they have
elected assemblies that follow many of the same practices as the
provincial governments.

Municipal governments

Municipal governments have functions delegated to them by other levels
of government. They are responsible for local matters and services.
These include:
police and fire protection;
water and sewer services;
recreation; and
local public transportation.

If you are interested, the Web site canada.gc.ca/howgoc/glance_e.html
has more information about how Canadians govern themselves.

Bilingualism

Under the Official Languages Act, Canada is an officially bilingual
country. This means that Canadians have the right to get federal
government services in English or French, no matter what part of Canada
they are living in.

New Brunswick is the only province that is officially bilingual. New
Brunswick residents receive services in both official languages from
all of their provincial government departments and agencies.

In Quebec, French is the official language and in most cases,
provincial and municipal services are provided in French.

In the other provinces and territories, English is the official
language, and the availability of provincial services in both official
languages varies.

At the municipal level, the availability of services in both official
languages varies greatly.

Multiculturalism

Canada is populated by people who have come from every part of the
world. Through the Canadian Multiculturalism Act, the government
encourages Canadians to take pride in their language, religion and
heritage and to keep their customs and traditions, as long as they
don't break Canadian laws.

Protecting the environment --
Sustainable development

Canada has a beautiful natural environment. Because we have lots of
land and a small population, most of our country is wild and unspoiled.
However, it is becoming harder to preserve our environment as our
population and cities grow. Pollution helps cause large-scale
environmental problems, such as acid rain. And as more people use and
live in natural areas, threats to the environment increase.

Canadians are very concerned about environmental issues. They know that
damage to the environment can be hard to fix.

Canadians know that economic growth is crucial for the future
prosperity of Canada. But growth must be managed carefully so that it
does not harm the environment. The Canadian government is committed to
"sustainable development," which is economic growth that does not hurt
the environment and helps people.

A healthy environment is important to quality of life. Everyone living
in Canada should act in a responsible way, both toward the environment
and within their community. This way, future Canadians have the
opportunity to live in a country that is clean and prosperous. Both
individuals and groups can help Canada develop in a sustainable way.

Here are a few things you can do to help protect quality of life:
throw waste paper and other garbage in public garbage cans;
compost, recycle and re-use as many products as possible, such as
paper, glass and cans;
conserve energy and water by turning off lights and taps when you are
not using them;
walk, join a car pool, or use a bicycle or public transit whenever
possible;
use products that are environmentally friendly;
plant trees or grow a garden, but avoid using chemicals;
never pour paint, oil or other harmful chemicals down sinks or toilets,
into sewers or onto the ground (telephone your local government to find
out where you can throw out these hazardous materials);
volunteer with a local organization; and
educate yourself and your children about environmental issues.
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Job in Canada

2004-11-12T16:46:00.000-08:00

Source: http://www.cic.gc.ca/english/newcomer/guide/section-06.html
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In Canada, full-time jobs are common. However, a growing number of
people have part-time or short-term jobs. Women make up a large portion
of the work force and many have important, senior positions.

Canadians may change jobs and careers several times. This is often a
personal choice. Sometimes people must change jobs because the economy
changes. For these, and other reasons, getting a job is not easy. Many
people are looking for work.

Newcomers to Canada rarely enter the job market quickly and often must
start with jobs below the skill level they worked at in their home
country. Once they have Canadian job experience and their ability in
English or French improves, so do their job prospects.