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National Day for Truth and Reconciliation

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To mark this important date, Clarke Immigration Law will be closed on 30 SEPT 2022. All staff will be marking the date in their own way.

We would encourage you to wear an orange shirt as a symbol of the stripping away of “culture, freedom and self-esteem experienced by Indigenous children. We would also encourage you to participate in the 1 hour national commemorative gathering.”

CIL is committed to be part of the solution. We were honoured to participate in the Manitoba Human Rights Torch of Dignity Event in NOV 2021. You can see the video where each member of our staff held and passed the torch for Manitobans for Human Rights.

In addition, Alastair Clarke has volunteered as a member of the Board of Directors with the John Howard Society of Manitoba for many years, an organization that is committed to providing services for individuals in the correctional system. Indigenous men are disproportionately affected by our justice system and we are committed to address the system discrimination.

Finally, we have been offering assistance to Indigenous individuals who may apply to change their names to recognize their ancestral heritage. Our services for this application are pro bono – this means that we do not charge for these services. Completely free.

As you may know, our office is located next to the Hudson Bay building in downtown Winnipeg. We are greatly looking forward to supporting the Southern Chiefs’ plan to develop the building to become a hub of housing, business and governance for Manitoba First Nations. We look forward to helping our future neighbours!

What are you doing to mark the National Day for Truth and Reconciliation 2022? If you are active in the community and there is an event or a program that needs help, please let us know. We are always looking to improve our services and get involved in our communities.

 

Justice Avvy Go

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Congratulations to Avvy Go for her recent appointment to the Federal Court of Canada! Justice Go was a mentor and senior lawyer when we were lawyers in the legal aid clinic system in Ontario. For years, Avvy (now Justice Go) has been a beacon of hope and energy for her clients and causes. She has been a tireless advocate, fighting for her low-income clients who often had no way to pay for her services. We need more advocates with Avvy’s spirit and I hope her voice is heard at the Federal Court.

I do not believe that I have ever publicly applauded the appointment of a justice of a tribunal member. Over the years, I have seen friends, colleagues and former professors appointed to the Bench or to administrative tribunals. Personally, I served on a provincial tribunal from 2013 to 2016 and, as the decision-maker, it is a tough job. If there is anyone up for the task, Justice Go has the dedication and resolve to make sound decisions. Avvy Go

I cannot understate the importance of Avvy being appointed to the Federal Court. She has been pushing for positive change for years. For years, she was a bencher at the Law Society of Ontario – often the only voice for clinics. In 2014, she was appointed to the Order of Ontario and she has been active in too many projects for positive change to name in this space. Off the top of my head, the 2018 Racial Justice Report Card for Ontario highlighted many issues that we continue to deal with. Here is a quote from Avvy:

“Peoples of colour and Indigenous peoples now make up about 1/3 of the Ontario population, and yet we are still being marginalized and treated as fringe groups.  We issue this Report Card to remind our political leaders and the mainstream media that our votes count and our issues matter,” said Avvy Go, Clinic Director, Chinese and Southeast Asian Legal Clinic and a steering committee member of COP-COC.

As an aside, Justice Go worked with Shalini Konanur on the above report. Another amazing, passionate advocate.

As she correctly noted, Avvy has worked with minorities and folks who have been marginalized. She has been a voice for many clients who could not find anyone to fight for their rights. She has helped bring to light elder issues, helping non-English speakers, immigrants who are the victims of financial scams, and so many others. Avvy’s work did not stop at the clinic. She has been actively involved as a volunteer with many groups and I remember getting updates from her on the work at LSUC during all hours. Hopefully she has found a good work-life balance.

In addition, I would like to congratulate (belatedly) Bernadette Clement on her appointment to the Senate. I did not work with her and I do not believe we met in person but she was also active in the legal aid clinic system in Cornwall at the same time I was working in Toronto. (Avvy actually let me know of this appointment.)

I look forward to appearing before Justice Go at the Federal Court and I also look forward to reading her decisions.

Warning Chinese Nationals

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Over the past 6 months, we have seen an increase in the numbers of Chinese citizens who have been victims of fraud and abuse. These are individuals who have submitted applications to the Canadian Embassy in Beijing and/or Hong Kong. In particular, there are a number of immigration consultants and shady firms that are taking advantage of Chinese citizens. We have seen many individuals and families pay fees +$10,000.00 and their applications have been mishandled.

NOTE: If you are aware of any individuals or families that are using Chinese consultants and/or firms and they are not receiving sounds legal advice, please contact our office immediately.

Currently, there are numerous ongoing investigations into large Chinese immigration firms, including criminal convictions. These unscrupulous individuals are taking advantage of the ignorance of their clients. They make false promises and, ultimately, we believe that many people are suffering.

As reported by CBC News, more than 1,200 clients have been negatively affected by NEW CAN CONSULTANTS and WELLONG INTERNATIONAL INVESTMENT CO. This has led to an RCMP investigation in what has become the biggest immigration fraud in Canadian history.

According to CBC NEWS:

Wang pleaded guilty to offences under the Immigration and Refugee Protection Act in July 2015 after the Canada Border Services Agency (CBSA) raided his offices in Richmond and Vancouver and found fraudulent Chinese entry and exit passport stamps and dozens of passports.

He was caught holding a client’s passport with cut-and-paste alterations when he was arrested in October 2014, according to the civil action.

Wang was sentenced to almost seven years in prison but was released on parole after serving less than two years of his sentence.

In addition, the report includes details on how others may be affected:

Wang had 14 employees but some of them were part of a complex scheme that pretended clients were employees to meet immigration residency requirements in Canada while they lived in China.

“Mr. Wang did not report any of the income he earned from his fraudulent immigration consulting services to the Canada Revenue Agency.”

Based on our review of the situation and our meetings with Chinese clients in Winnipeg, we strongly urge all individuals to carefully choose their representatives.

Apologies and Action

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Today the Prime Minister of Canada is scheduled to apologize on behalf of Canada for turning away the MS St. Louis and its 907 Jewish passengers in 1939. At the time, these Jews were fleeing persecution and the imminent threat of the Nazis and the anti-Semitic violence. At the time, our then Prime Minister MacKenzie King did not allow the 907 Jews to dock in Halifax and they were turned away.

As reported by Global News:

In the years leading up to and including the Second World War, the Canadian government heeded anti-Semitic sentiment by severely restricting Jewish immigration. From 1933 to 1945, only about 5,000 Jewish refugees were accepted due to what Trudeau called “our discriminatory ‘none is too many’ immigration policy” in place at the time.

The Jewish refugees on the ship were forced to return to Europe, where 254 of those aboard eventually died in the slaughter that became the Holocaust.

Now, about 79 years later, Trudeau will stand in the House of Commons and apologize to those refugees.

On behalf of all Canadians, PM Trudeau is apologizing to try to make things right. In an analysis by Prof Howard-Hassmann, she acknowledged that some apologies include compensation while others may be done for political reasons. For this apology, it does not appear that the Government of Canada will be offering any compensation.

Timing is Everything

On its face, Trudeau’s apology and acknowledging that what happened was wrong and it should never have happened is a step in the right direction. On the other hand, Trudeau is not making any policy changes, legal changes or any other concrete action.

In this case, however, timing is key. This apology is in the context of the shooting at the synagogue in Pittsburgh. It seems that Trudeau’s apology was scheduled before the attack but the recent circumstances highlight the importance of recognizing current anti-Semitic sentiment.

As noted by Global:

The latest figures on hate crimes from Statistics Canada show the Jewish population was the most frequent target of religiously motivated hate crimes in 2016.

Anti-Semitic incidents increased 24 per cent that year. B’nai Brith Canada said 2017 saw another increase.

The timing of this apology confirms that hate crimes against Jews was an issue in 1939 and it remains an issue in 2018.

 

News: Separating Children

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As reported, US authorities have been separating children from their parents as they enter the United States. Separating children is unjust and deplorable. The situation and the photos that have been coming out about this situation show the inhumanity and lack of protection for refugees, asylum seekers and immigrants in the United States. This is an example, among many, that the United States is not a safe place for immigrants and the short-sighted policies from the President’s office to the state level to the local level.

Here at Clarke Immigration Law, we meet clients on a daily basis with stories of the injustice and discrimination that they face in the United States. Canada is not perfect but we do our best to help everyone who comes through our door.

Recently, we met with a father who is taking care of his young daughter by himself as the mother was deported by US authorities. This has been reported by the Winnipeg Free Press. This case is heart-breaking. The refugee claimant needs to be focusing on building his case for the Refugee Protection Division; instead, he has been figuring out how to care for his young daughter and worry about the mother who is currently in hiding.

For more details on this case and how separating children may have an impact, check out the WFP article. Here is an excerpt:

“If I go back, I’m in trouble,” he said in his Twi language. Ben and Blessing and her mother, Rose, flew from Ghana to Ecuador last year and made their way by land to Mexico. When the family crossed at Tijuana into the U.S. to make a refugee claim, the men were separated from the women and taken to separate detention facilities. Ben had been carrying Blessing, and the father and daughter were sent to an Immigration and Customs Enforcement (ICE) lockup for men in California, he said. Rose, he discovered, was deported back to Ghana.

[…]

The danger he faced going back to Ghana, he said, was worse than their separation from Rose. He became Blessing’s main caregiver — a non-traditional role for men in Ghana, he said, and one that’s been a challenge. They headed for Canada, and on Jan. 20, they crossed the border into Quebec to ask for refugee protection. Ben said he heard good things about Winnipeg and he and Blessing boarded a bus heading west. He got social assistance and legal aid. His lawyer said no date has been set for their Immigration and Refugee Board hearing, but he hopes it’s soon.

“I have serious concerns about the father, the child and the mother,” immigration lawyer Alastair Clarke said.

“In my personal experience with the father and child, they have genuine fear of returning to their home country. He has limited support and extremely limited language skills. He is working hard to request the necessary documents for his case, but he clearly needs to focus on taking care of his daughter,” Clarke said. “I also have significant concerns about the health of the mother. Separating a mother from her young child is a tragedy.”

If you can assist Ben & Blessing or if you know of similar cases, please contact our office immediately. 

 

Canada Immigration Lawyers: Asylum-Seekers Find More Success Here Than In U.S.

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FROM HUFFINGTONPOST.CA

WINNIPEG — Bundled against bone-chilling cold, asylum-seekers hoping to gain refugee status in Canada have been trudging through ditches and fields along the border with the United States.

Many have already had refugee or asylum claims turned down in the U.S. and feel they may have more success in Canada. That assumption, say some immigration lawyers, is correct.

“I think that there is a lack of access to justice (for claimants in the United States),” said Bashir Khan, an immigration lawyer in Winnipeg.

“In most of Canada, you do get … a legal-aid assigned lawyer. You’re not put in immigration detention, so you are able to make long-distance calls to gather evidence that your lawyer may tell you is needed.”

Read the full article