LAO began developing its Domestic Violence Strategy by looking at our services through the lens of a client who has experienced or is experiencing domestic violence.

This is one in a series of posts exploring the legal needs of domestic violence clients.

Bisma* and Farhan, 38, had an arranged marriage in their native Pakistan four years ago, when Bisma was only 18. Farhan is a Canadian citizen, and sponsored Bisma to come here.

Right from the start, when they moved to Brampton, Ontario, away from both their families in Pakistan, Farhan is very controlling. He tells Bisma what she can and can’t wear; when she is allowed to leave the house and who she can see; and how much money she can have and what she can spend it on. He also began beating Bisma, often in front of their two young daughters.

Because Bisma doesn’t know a lot of English and doesn’t know anyone in Canada, she doesn’t know who she can turn to or what she can do. She knows she can’t stay with Farhan, but going back to Pakistan isn’t an option, either. Her parents wouldn’t understand. Bisma often saw her father beating her mother.

Bisma would like her daughters to grow up in Canada, free from violence and with access to more opportunities such as schooling for girls—an opportunity denied to Bisma.

A sense of isolation

Isolated and alone, Bisma faces the same problems that many new immigrants experiencing domestic violence face:

• They don’t know the language.
• They don’t know where they can turn.
• They don’t know their rights.

And like a lot of domestic violence survivors, her lack of legal status makes her reluctant to ask for help, or even to leave her abuser—a huge roadblock to leaving her abusive partner. When Farhan tells Bisma that he can have her deported and be separated from her children, she fully believes him.

Conditional permanent residence

The tragedy for many refugee claimants in Canada who, like Bisma, know no one in Canada and speak very little English, is that Canada does have measures in place to protect them.

In October 2012, the Canadian government introduced a conditional permanent residence period for sponsored spouses and partners. For most people, this means that you have to live with your sponsor for a conditional period—at least two years—or risk losing your permanent status and be deported.

But there’s an exception to this rule: if your partner is abusing you, and you can show that the abuse happened and that it led to the breakdown of your relationship, you may be able to stay in Canada even if you don’t live with your sponsor.

Looking for solutions

Legal Aid Ontario (LAO) is taking steps to ensure that people in Bisma’s situation get the justice they deserve. That’s why, as part of LAO’s major expansion of legal services, refugee claimants experiencing domestic violence are eligible for Humanitarian and Compassionate application certificates.

While this measure is a step towards enhancing services, the real battle is reaching out to immigrants who are experiencing domestic violence so they know that help is available.

During our consultation to develop Legal Aid Ontario’s domestic violence strategy, we’ll be looking to advocates of immigrant/refugee women in the justice system, including decision-makers, on what their recommendations are to help this group.

What are the partnerships that need to be developed between the social service and justice circles that will enable all of us to more effectively help?

We really want to hear from you. If you can’t make it out to an in-person session, you can read our discussion paper, Development of a Domestic Violence Strategy, and email us at dvs@lao.on.ca with your thoughts and feedback.

*Not their real names. All personal examples in this post are based on composites of client experiences. LAO prioritizes client confidentiality, and only publishes client names and experiences when the client has provided consent, in writing.