Issue #10 - The Women's Press (Hamilton, ON)

SPECIAL ISSUE:

Navigating the Legal System & Knowing your Rights

Published in partnership with:

Women in Hamilton, Raising our Voices.

Issue 10 • March & April 2011 • Published by the Immigrant Women’s Centre

100 years of International Women’s Day It is 2011, 100 years since our sisters first took to the streets to declare International Women’s Day. How are we doing? “We are still struggling for equality,” said Ines Rios, Executive Director of the Immigrant Women’s Centre.

“IWD celebrates how far we’ve come, but reminds us of how much work we have left to do.”

Hamilton women gathered outside of City Hall for a noon rally on March 8 to do just that: celebrate progress, but be reminded of the need to continue to work for equality.

“I wish we didn’t need to be here,” said Deirdre Pike of the Social Planning

and Research Council, “but women still only make 72 cents for every dollar that a man makes...Homeless women are dying on our streets.”

In Canada, 22% of parliament is made up of women, while 78% are men, ranking us 45th in the world according to the World Economic Forum’s 2010 Gender Gap Report. Of legislators, managers and senior officials, 36% are women and 64% are men, ranking us 31st in the world. Other statistics however, such as education attainment and health have demonstrated more positive progress in Canada, but are

significantly lacking globally.

Soumah Hassa has been celebrating IWD for many years. Although she’s been in Canada for 20 years, she fondly remembers attending rallies with theatre and dancing in her home country of Guinea, West Africa. “Because I am a woman, I cannot forget this day. We must celebrate but recognize women need to be an even stronger force in Canada to have equal opportunity and access in society. “ Nadine Favics, who works in Community Development at the Urban Core Community Health Centre said, “In North America, we’ve fallen behind

and need to step up. We are still not equal in the world and violence against women is still happening daily.

IWD helps us remember our sisters who are not allowed to celebrate today due to fear of death or persecution and to support the many women’s organizations in Hamilton who are supporting women with inadequate funding and doing an excellent job.”

“We need to be talking to each other, building each other up and working together,” Pike said of women in Hamilton. “We need to remind each other we have things to celebrate but we still have miles to go and we need to support each other.”  - The Women’s Press

Advocates at your service

By Bob Wood, Hamilton Community Legal Clinic and Michelle Drew, Immigrant Women’s Centre

In this

issue:

Deborah Hearty’s arthritis is so painful that some days she cannot walk. The pain resides in four sockets of her back, and every three months she has to get needles inserted to find relief. On top of that, Hearty suffers from bipolar disorder and is continuously dealing with the affects of an abusive ex-marriage relationship.

Despite a track record of physical and mental ailments, along with a recommendation from her doctor and multiple specialists, Hearty was denied twice from the Ontario Disability Support Program (ODSP).

“My doctor recommended a legal clinic because ODSP had declined me again, despite all my medical reports. She thought the community legal services would be very helpful, and they were.”

Lawyer Rani Khan assists a client at the Hamilton Community Legal Clinic

The first time Hearty walked into the (Mountain) Legal Clinic she felt something she had not experienced

Discrimination is against the law Knowing your rights page 3

before. “It was very calming.

I felt like I could tell them my whole life story.” There she was introduced to

Legal education & law reform

Programs in the community page 5

lawyer Rani Khan, who spent time with her discussing her case. “I was falling apart. I was a mess, but she was patient

History of Women’s Day Reviewing 100 years of action page 6

and told me to take my time.

She made me feel extremely comfortable. She was the first person I met who I felt was on my side, who could support me.”

After meeting Khan, Hearty knew “something was going to get done.” Khan provided her with all the information she needed, and looked into her case further.

Not long after meeting together with an ODSP representative, Hearty received a letter saying she was officially accepted to ODSP. “Although I still have all the physical problems, I have a lot of anxiety off my shoulders.

Now I know I’m not going to be thrown out in the world.

“It’s made a big difference,” said Hearty.

- Continued on page 5 -

Keeping landlords accountable Rights, responsibilities page 8

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.2

Letter from the Editors Change is all around us at the Hamilton Community Legal Clinic (HCLC).

Following last year’s amalgamation of the three long-time Hamilton clinics we are moving into new office space in the downtown core later this spring.

The change to a single location means we’ll be able to serve clients the same day we’re contacted and assist more people with their legal problems.

We’ll also be able to give more energy to our mandated goal of systemic, as well as individual, advocacy as we work to Make Change.

Making change in the clinic is about the work we do with advocates, community members/groups and agency partners to implement solutions like working for more and better affordable housing; fighting to reduce and eventually eliminate poverty; lending our expertise to injured workers to achieve restoration of full indexing of benefits and by advocating on many important community issues to low-income Hamilton residents.

Sincerely, Guest Editor, Bob Wood Community Development Worker Hamilton Community Legal Clinic 1440 Main St. E. Hamilton, ON (905) 545-0442 | hamiltonjustice.ca In this edition of the Women’s Press, we have compiled many resources in Hamilton to assist you in learning to navigate the legal system. Knowing our rights as women and as citizens is critical to engaging in our communities, politically and economically. As we celebrate the 100th International Women’s Day this spring, let us continue to work together towards our goals for equality and celebrate our achievements along the way.

Sincerely, Ines Rios Executive Director Immigrant Women’s Centre 8 Main Street East, Suite 101 Hamilton, ON L8N 1E8 (905) 529-5209

Please send feedback, press releases and submissions to: Michelle at 905-529-5209 x257 or mdrew@stjosephwomen.on.ca Founded in 1988, the Immigrant Women’s Centre is an equality seeking, antiracist, charitable organization dedicated to the social, political and economic inclusion of refugee and immigrant women in a just and supportive Canadian society. The Centre is committed to enabling refugee and immigrant women to discover and build their new futures through skills development and settlement support.

Housing as a right

By Bob Wood, Community Development Worker at the Hamilton Community Legal Clinic

Quito, capital of Ecuador

Last winter I went to Ecuador for a vacation. There, I saw lots of frigate birds, gained a better understanding of Charles Darwin’s theories, and surprisingly, perhaps, learned a bit about other approaches to the concept of housing as a right.

I say surprising because I’ve worked in housing in Ontario for many years. I can more or less quote the UN Declaration of Human Rights (Article 25) that asserts our right to housing.

I know getting housing accepted as a right here in Canada is an uphill battle as the Charter Challenge demonstrates. Yet Ecuador (with a population of just over 14 million, a high poverty rate, a GDP per capita at around $7,500 [we are 5 times that level]) has built the right to housing into their constitution.

How? A referendum in 2007 approved this new constitution setting our basic rights related to housing and habitat under a section called the Rights to Good Living.

A secure and healthy habitat is guaranteed under Article 30. The constitution writers applied the historic and cultural concept of Sumak Kawsay. Kawsay (the right to good living) comes from the

Quechua language, the traditional native language of the Andes.

Underlying Quechua culture is the value of community and mutual help, an idea that might seem like a strange one to some “me-first” North Americans.

This concept finds its way into the constitution where a system of social inclusion and equity is elaborated upon in article 340 and translated: “Here a National Development Plan is imagined which will feature decentralized planning; be guided by the principles of universality, equality, equity, progressivity, intercultural, solidarity and nondiscrimination, and operate under the criteria of efficiency, effectiveness, quality, participation, accountability, and transparency.”

Also prominent is the idea of the “right to the city” which stresses full

enjoyment of the city and its public spaces, respect for different urban cultures and a balance between urban and rural. “The exercise of the right to the city is based on the democratic management of it, in social and environmental function of property and the city, and the full exercise of citizenship.”

Perhaps we can find inspiration from these conclusions, as we continue to work to make housing a right in Canada.

To learn more see: The Right to a Dignified Dwelling and City in Ecuador – International Alliance of Inhabitants at: www.habitants.org/ news/inhabitants_of_americas/the_ right_to_a_dignified_dwelling_and_ city_in_ecuador/(language)/eng-GB. This article originally appeared in July 2010 on Right to Housing website (righttohousing.wordpress.com. 

1. What is guaranteed in Article 30 of Equador’s constitution?

2. What does the “right to the city” refer to?

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Discussion: What do you think of the concept of the “right to the city”? How could that be applied in Hamilton?

Affidavit or Document Certification

Legal Q & A with Hamilton Community Legal Clinic

A:

Do you need an affidavit done or require a notary to witness a document or make certified copies of documents?

The Hamilton Community Legal Clinic can help.

First, what exactly is an affidavit?

It is a document with a set of statements that need to be declared and sworn to be true.

An affidavit needs to be done in front of a “commissioner for affidavits”, an individual authorized by the Province of Ontario to witness certain kinds of sworn documents, such as affidavits.

When applying to the government for something you might require an affidavit. It could be a form that is given to you or you may be expected to write it yourself.

Sometimes government forms may also need to be signed in front of a notary public - an individual authorized by the Province of Ontario to witness the swearing of oaths and to certify documents. Affidavits that

Q:

will be sent outside Canada need to be “notarized”.

Clinic lawyers are usually notary publics and you can receive these services from the clinic if you are financially eligible. It is best to contact our office to make an appointment.

We can assist you to write

• Ontario Works, Ontario Disability Support Program or another government office wants forms or applications witnessed.

• An affidavit may be needed if you have lost a piece of identification such as a passport.

• You may need a certified copy of an official document.

The Clinic does not do corporate or business affidavits, land transfer tax affidavits, or any real estate matters. 

How and where do I get an Affidavit or document certified for free? (“draft”) your affidavit. After you read the affidavit, then you will declare and swear that the set of statements in the affidavit are true in front of a commissioner or a notary.

Finally, you will sign the affidavit and the commissioner or notary will sign the affidavit as well.

A Few Examples: • A subsidized housing provider may ask you to provide an affidavit about your income.

• You may want to give a caregiver permission to travel outside of the country with your child or children.

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1. What are two examples of situations in which you might need an affidavit?

2. What steps will the Hamilton Community Legal Clinic take to help you with your affidavit?

Discussion: If this service was not available, where could you go?

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.3

Struggle for social assistance

By Michelle Drew, Immigrant Women’s Centre

Due to an anonymous call to the ODSP office, Leman is struggling to make ends meet

India Leman had her first back surgery when she was twelve-yearsold. Born with scoliosis disorder, she has had back pain for most of her life.

Four back surgeries later, Leman is still physically unable to work and suffers from a combination of back, muscle and hip problems. “I can’t stand for long, sit for long or walk for long. I have had jobs but my body physically can’t handle them,” she said.

For an estimated eighteen years, Leman has had support from the Ontario Disability Support Program (ODSP), a provincial government program designed to help people with disabilities that are in financial need to pay for living expenses. To qualify for

ODSP, applicants must demonstrate a financial need and have a substantial physical or mental disability.

As a single mother, she has had difficulty finding decent low-income housing in Hamilton. To her advantage, a friend allowed her and her sixteenyear-old son to live in his home for a reduced amount so he could be raised in a clean, safe and stable environment.

Despite Leman’s clear record receiving ODSP, her rhythm of life was interrupted when an anonymous caller contacted the ODSP office accusing Leman and her landlord of being in a spousal relationship, which disqualified her from receiving social assistance.

“All I ever did with my disability

was pay my rent and internet bill, support my son, and did what I was supposed to do. Now, because of a misinformed anonymous phone call, I don’t have it anymore. We brought in all kinds of papers proving we weren’t spousal, but they didn’t believe me.”

Leman visited lawyer Rani Khan at the Hamilton Community Legal Clinic (HCLC) to get help. “Rani kept my head level and gave me some ground rules. I was going to throw my hands up and say I can’t do it, but Rani helped me.

We’re waiting for a paper to see if I can be reinstated.”

In the mean time, Leman now receives Ontario Works (OW), but had to move out of her residence to be considered. OW, the second of two social assistance programs in Ontario, helps people in financial need pay for living expenses like food and housing.

Individuals and families with little or no income may qualify.

Although OW is a beneficial program for many families, it has not been enough for Leman to survive.

“OW doesn’t even cover my rent let alone food,” she said. “I now eat once at night time, and leave most of the groceries for my son.”

Having to move to a more expensive apartment combined with receiving half the funds has been devastating

for Leman. “It wasn’t until I received my first cheque that I realized what happened. It took me four tries and four visits before they even looked at me to allow me to have OW, and I still don’t even have enough for rent. I received a letter stating that they got the letter of reconsideration for ODSP. It could take anywhere from 20 to 60 days to find out, but it’s already been a month and a half.”

Leman is very grateful for the support from the HCLC, but also wishes ODSP would “look into anonymous phone calls a little bit deeper” so these problems are avoided. “Look at my track of 18 years, I’ve never had a problem or discrepancy. I just want to support my son.”

Appeal Process Those who have applied for ODSP and been denied or have had benefits altered can challenge that decision. The HCLC has produced a Flow-Chart which outlines what happens when you apply for ODSP and are denied. You can view the chart at: www.hamiltonjustice.ca/uploads/ odsp-disability-application-flowchart.

For more information you can call the HCLC at 905-545-0442. 

Discrimination is against the law

By Maria Antelo, Community Development Coordinator at Hamilton Community Legal Clinic “I was about to rent an apartment, but when the landlord found out my partner and I are gay he said ‘This is a family building.’ ” ----“My co-workers keep making fun of my scarf and the supervisor won’t do anything about it.”

----“My employer won’t adjust my duties to accommodate my disability.”

----“I am a new employee, but I feel that because of my foreign education I am subjected to excessive performance monitoring or may be more seriously blamed for a common mistake”.

----“I have been turned down for an apartment because I am a single mother on social assistance.”

----How many times have you heard these types of comments? Perhaps you, your friends or a family member have had a similar experience. Did you know that discrimination is against the law?

The Ontario Human Rights Code can protect you from discrimination.

The code is meant for everyone. It deals with discrimination in five areas: employment, housing, contracts, goods, services and facilities, and membership in occupational associations and trade unions.

Treating someone unfairly may be discrimination if the unfair treatment is due to one of these 15 grounds: race, colour, ancestry, place of origin,

citizenship, ethnic origin, religion, receipt of social assistance (housing only), sexual orientation, marital status, family status, record of offences (in employment only), age, disability, sex (including being pregnant).

Discrimination can happen even if the employer, landlord or service provider does not intend to discriminate.

It can also be discrimination if, for example, an employer, landlord or service provider fails to consider the special needs of an employee, tenant or customer where their needs are linked to one of the characteristics in the Code.

Discrimination robs people of their dignity and their ability to fulfill their capabilities. It is important to note that any person or group can discriminate and any person or group can be the target of discrimination.

Harassment is a type of discrimination. The Ontario Human Rights Code defines harassment as “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” The University of Western Ontario provides the following definitions to help us understand what this means: • “a course” means that there must be more than one incident for behaviour to be harassment. However, courts have found that a single unwelcome incident, if serious enough, can support a harassment complaint.

• “vexatious” - unwelcome and has little or no legitimate purpose in the

context in which it takes place.

• “comment or conduct” – words or actions that are not necessarily aimed at the person complaining of harassment.

If they are unwelcome and create a poisoned environment, they could be considered harassment.

• “known or ought reasonably to be known” - Even if a person is not aware that her behaviour is unwelcome, if a reasonable person in the same situation would have known that the behaviour was unwelcome, then that person “ought reasonably to have known” that her behaviour was unwelcome.

• “unwelcome” - This simply means that the person who has brought the complaint does not wish to be exposed to the behaviour.

Although harassment is often an abuse of power, it is important to remember that any person can harass any other person, the university points out. Harassment can include any behaviour that creates an intimidating, demeaning or hostile environment.

If you think you may be facing discrimination and harassment, ask yourself these questions: Did the problem happen in one of the five areas laid out in the code, and is one of the 15 grounds also involved?

Were you treated differently from other people? Is your complaint believable?

Answering “yes” to these questions may be enough to have the Human Rights Tribunal of Ontario look at the complaint.

You can make a complaint — called

filing an application — directly to the tribunal. The organization resolves applications through mediation or adjudication.

You may want to contact the Human Rights Legal Support Centre for legal advice before making your complaint.

It does not matter if you do not speak English, they will accommodate your needs. The support centre is independent of the tribunal and offers free services throughout the province. People may also get help from other legal clinics, a private lawyer or a paralegal, or may choose to file an application on their own.

If you want to learn more about human rights in Ontario, you can become a human rights facilitator. The Hamilton Community Legal Clinic invites you to spread the word about human rights in your school, in your community or in your workplace. For more information contact Maria Antelo at 905545-0442.  1. What are 5 grounds on which unfair treatment is considered discrimination?

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2. What does “Harassment” refer to?

Discussion: Have you or anyone you know experienced discrimination? How did you respond?

Would you respond differently having read this article?

Human Rights Legal Support Centre: 400 University Avenue, 7th FloorToronto, Ontario M7A 1X8 | 416-314-6266 | 1-866-625-5179 | www.hrlsc.on.ca The Human Rights Tribunal of Ontario: 655 Bay Street, 14th floor Toronto, ON M7A 2A3 | 416-326-1312 | 1-866-598-0322 | www.hrto.ca

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.4

Advocates Call for Action on Poverty Reduction

By Bob Wood, Community Development Worker at Hamilton Community Legal Clinic Hamilton Community Legal Clinic Staff Lawyer Craig Foye and Hamilton Roundtable for Poverty Reduction Member Sandy Leyland went to Queen’s Park in January with a strong message for the Standing Committee on Finance and Economic Affairs.

They wanted to alert provincial politicians to the dire situations facing many families in Hamilton and they wanted the province to act without delay.

Foye and Leyland addressed the Standing Committee on Finance and Economic Affairs about the poverty levels in the city of Hamilton. They called for protections against this crisis to be developed for a serious movement toward substantial poverty reduction.

The pair cited the increasingly large numbers of people accessing foodbanks, rampant economic eviction at the Landlord & Tenant Board, the inadequacy of provincial social assistance rates and the inequitable

clawback of the Ontario Child Benefit from Ontario families in receipt of provincial social assistance. Three requests for immediate action were made.

First, they called for the Government of Ontario to take steps to introduce evidence-based social assistance rates in Ontario – rates that are based on the actual cost of rent, food and other necessities.

They also asked for the Province to institute benefits that would help individuals and families ensure that they can pay for basic necessities while they await the completion of the Social Assistance Review, currently 18 months from being finished in the summer of 2012. A Healthy Food Allowance, as suggested by the provincial ‘Put Food in the Budget’ campaign, or a Housing Allowance, as advocated by the Housing Network of Ontario, are two measures that should be considered.

Their third request was for a reversal

Legal clinic on the move On April 1, 2010 Hamilton Community Legal Clinic was launched as an amalgamation of three independent community legal clinics (Mountain, Dundurn, and McQuesten) that had been operating in the City for over thirty years. These clinics merged so they could provide legal services to more low income Hamilton residents.

Also in 2010, the Clinic and the Centre de santé communautaire Hamilton/Niagara (CSCH/N) reached an agreement for the delivery of French language poverty law services in Hamilton.

The Clinic is now bilingual and works with the support of the CSCH/N staying connected with the Francophone community in Hamilton.

The not-for–profit clinic is run by a volunteer board of directors and funded by Legal Aid Ontario to provide services to low income residents from anywhere in the City of Hamilton. All help is private and confidential.

The clinic is physically accessible for persons with disabilities. Interpretation services can be arranged if they are required.

Hamilton Mountain Legal & Community Services opened its doors in December 1985 at the corner of Fennell Avenue and Upper Wentworth. Since then it has been a thriving office serving low income residents of the Mountain.

The Clinic amalgamated with the city’s other two legal clinics in 2010 allowing the organization to serve more people by bringing staff together. More changes are on the way.

The Mountain location closed February 23, 2011. Staff members relocated temporarily to the other two existing locations downtown and in the east end. Mountain residents can continue to call the clinic at 905-575-9590. To drop in, clients should go to the McQuesten location, at 1440 Main Street East (one block east of Kenilworth).

The next big move is planned

for late spring. At that time, the Dundurn and McQuesten locations will also close and all staff will move into a brand new office in the downtown core. This single location will enable the Clinic to serve clients the same day they contact the office and to assist more people with their legal problems.

Staff will be able to fulfill more of its mandate to do systemic as well as individual advocacy.

Hamilton Community Legal Clinic (HCLC) is anxious to get into its new premises and work with community partners to improve access to legal services for low income Hamiltonians.

HCLC Executive Director Hugh Tye has announced that, when the new office opens, a settlement worker from the Immigrant Women’s Centre will be located in the Clinic. This partnership will benefit mutual clients by giving them direct access to multiple services in their first language. The Clinic is exploring other ways to collaborate with service partners, both at the Clinic and in the community, meaning the Clinic’s presence will not be lost on the Mountain or in any other part of the City.

Keep watching the Clinic’s web site for announcements about future changes: www.hamiltonjustice.ca.

- Hamilton Community Legal Clinic 

1. Why did the three legal clinics merge into one?

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2. What languages are services in? Is interpretation available?

Discussion: What services if any, would you or someone you know need to use at the legal clinic?

of cuts in provincial social assistance benefits so that families can receive the full amount of the Ontario Child Benefit (OCB) without any related reduction of their social assistance benefits.

On this last point the presenters cited data from the Income Security Advocacy Centre (ISAC) documenting how this clawback of the OCB is inequitable. The “clawback”, a related reduction to social assistance benefits, leaves many children and families across Ontario without the full financial resources of the OCB. In addition, ISAC data shows that the OCB is inequitably distributed amongst social assistance recipients.

Foye and Leyland told the committee that many families in Hamilton are faced with a tragic choice every month pay the rent or feed the kids.

The levels of poverty in our community will have dire repercussions for future public health, education levels, crime levels, and employment.

“It is crucial to note that inaction on income security issues in our community now is like a mortgage on the future of our communities in Ontario,” they noted.

The Standing Committee on Finance and Economic Affairs is charged with getting public input to assist in the development of the provincial budget. 

1. What is one of the three requests for action that Foye and Leyland made?

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2. What is the ‘clawback’?

Discussion: How do you think that poverty, public health, education levels, crime levels and employment are related?

Hamilton Community Legal Clinic Contact Info www.hamiltonjustice.ca | 905-545-0442 Temporary Location: 1440 Main St. East, Hamilton (one block east of Kenilworth)

The new location will open in the downtown core in the late spring. Check back to the clinic website for updated information.

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. • p.5

Advocates at your service Continued from page 1

Areas of law practiced: Tenant Rights Workers’ Compensation (WSIB) Ontario Works (OW) Ontario Disability Support Program Canada Pension Plan (CPP) Employment Insurance (EI) Criminal Injuries Compensation Board Employment Standards (referrals only) Human Rights (limited) Consumer Protection (referrals only) Notary Services Looking for a Will?

Legal staff Jovenelle Lherisson, Rani Khan, Sylvia Blacklock, Hugh Tye, and Mickey Capuano are temporarily located at McQuesten Legal Clinic

Community Legal Clinics have thirty five years of experience serving the Hamilton community. The goal of advocacy efforts has always been to bring about change that will impact the entire community. Like other Clinics in Ontario, the HCLC represents financially eligible individuals and groups in various areas of law.

“If we weren’t here, people would be significantly under serviced,” explains Andrew Bomé, lawyer at the Clinic. “More money, especially in the hands of the poor, allows them to have adequate funds for rent and food. They are entitled to it.”

“Before we were here people were left to do things on their own and weren’t getting what they deserved,” said Laura Harper-Stubbs, Community Legal Worker.

“We have a lot of people in Hamilton who have difficulty navigating the system themselves, so we help them with the legal aspects.”

For these reasons, every time Hearty comes across someone with similar struggles, she eager to recommend the legal clinic.

“Our clinic is a large team of legal professionals. We work together well and serve a lot of people. Everyone has their own individual case, so we treat each person uniquely, as their own person. We don’t compare clients to each other,” explains Harper-Stubbs.

Although most services are free, staff may inquire about income and assets to determine eligibility. Clients, where able, may be asked to pay for out of pocket legal disbursements such as medical reports and court filing fees. The Clinic represents people at hearings before a number of tribunals as well as provincial and federal courts.

The tribunals include: The Landlord and Tenant Board, The Social Benefits Tribunal (for Ontario Works and the Ontario Disability Support Program), The Workplace Safety & Insurance

Board and Appeals Tribunal, The Board of Referees and Umpire (for employment insurance appeals), The Review Tribunal and Pension Appeals Board (for CPP), and the Criminal Injuries Compensation Board. Free legal advice is available on a walk-in basis.

Depending on the situation, clients may be advised to make an appointment in order to thoroughly discuss concerns.

“It’s amazing to work in a place where we are addressing these issues.

We are a space where people living

in marginalized situations can have a voice at a public and government level.

I work here so people can have access to justice. It’s a dream job come true,” said Maria Antelo, Coordinator of Community Development.

If the Clinic cannot help with a particular legal problem, the client will be referred to the appropriate place to get help. For example, criminal, family or immigration law issues are instead handled by Private Bar lawyers on legal aid certificates. 

1. What are two types of legal issues the Hamilton Community Legal Clinic deals with, and two types of issues that they do not handle?

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2. What are two changes that will be seen when the new downtown is fully open in late spring?

Discussion: How important do you think the type of support that the Hamilton Community Legal Clinics offers to the community is? Why?

Legal education and law reform in the community

The HCLC community development staff include Maria Antelo (left) and Bob Wood (right)

“A lot of clients are not aware of their rights as workers, tenants and OW recipients,” said Maria Antelo, Coordinator of Community Development at the Hamilton Community Legal Clinic (HCLC).

“It helps them understand their responsibilities.” Through the clinic, Antelo has done human rights workshops with youth at risk, immigrant women, and other marginalized people groups in Hamilton. She also

coordinates workshops for other staff members across the city.

“When people have information they feel empowered. They realize they are not alone and that there are agencies that can help them. They can help to address bigger social problems,” she said.

In addition to providing legal advice, representation and referrals, the HCLC is intensively involved in public legal education, community development and law reform, of which the human rights workshops play a key role in.

“We recognize there is a need for people to have quick information about their rights,” said Bob Wood, community development worker at the clinic. For this reason, HCLC staff are available to speak to client groups and agency staff about advocacy and rights.

New public legal education initiatives are frequently being identified. Some examples of HCLC public legal education initiatives include: working with the Hamilton Tenant Outreach and Information Project to broaden its community development scope; working with the Hamilton District Injured Workers Group in conducting advice clinics; and implementing the “Discrimination is

against the Law” human rights project.

Antelo and Wood are dedicated to working with community groups and partners to improve life in Hamilton through assisting groups to enforce their legal rights by organizing for a common cause. They also belong to networks that help tenants such as the Coalition for Residential Care Facilities and Solutions to Housing Action Committee (SHAC).

“The province has been consulting with us on long-term affordable housing strategies. We work with SHAC for coming up with a response to the province’s consultations. Our mandate is to get more affordable housing built,” said Wood.

Often there is a need to change laws, regulations, policies and practices that are unfair and penalize and/or discriminate against members of the community. Clinic staff submit written and oral submissions to governments of all levels, legal challenges and lobbying/ education campaigns conducted through community partners to make change.

The clinic has seen success in this area. “The bylaw has changed for residential care facilities and what rights residents have from the City of Hamilton. Tenants used to have no

secure place to store their personal belongings. Now, they have more things like lockage storage units so they can keep their personal items safe.

These are people in long-term housing situations. They are now having their needs met and complaints heard,” said Wood.

The Clinic has also been working with the community to lobby for better enforcement of licensing by-laws and regulations at the local level. Antelo said, “We work with whatever problems the clients have.”

Find out more about Public Legal Education, Community Development and Law Reform by checking out Make Change on the HCLC’s Website (http://www. hamiltonjustice.ca/) and follow the Clinic on Facebook, Twitter and the Community Development Blog.  - HCLC 1. What is the purpose of the HCLC’s Community Development work?

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2. What kind of law reform activities does the HCLC engage in?

Discussion: Do you think these activities are important? Why or why not?

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.6

The reality of women’s rights today

By Basharat Tayyab

Gender equality is not only a the Ontario Human Rights Code, every human rights issue, but it is also an woman and girl has the right to respect essential component of development, her human dignity. This includes the social justice, peace, and security. right to control her own body and the While gender relations may vary from right not to undergo harmful practices society to society, the general pattern simply because of her sex. is that women have less personal So what does this look like for autonomy, fewer resources at their women today? Women still tend to be disposal, and limited influence over the decision-making processes that shape Even women in positions their societies and their own lives. In of authority are not free practice, gender equality simply means that both men and women can exercise from sexual harassment or Women rallying at a Women’s Day protest at the National University of Lesotho | Kendall their rights and realize their full human inappropriate gender based job, rent an apartment, or sign a lease as well as a civil assault. When part of potential, regardless of their gender. or other contract, and maintain their a widespread and systematic practice, The concept of human rights dates discriminations. job without discrimination because of rape and sexual slavery are now back to the beginnings of recorded their pregnancy. Ontarian Women are recognized as crimes against humanity. history, and there are many philosophies, more vulnerable to harassment by men legally protected from discrimination Aboriginal women, women politics, and ideologies that inform our because, relative to men, more women and harassment because of sex, which of colour, immigrant and refugee modern conception of human rights. hold lower-paying, lower-authority and would include discrimination around women, and women with disabilities The Universal Declaration of Human lower-status positions in the workplace. pregnancy and breastfeeding, family face discriminations based on Rights is the model for human rights At the same time, even women in status for being in a parent and child race or disability and are further codes around the world. The legal positions of authority are not free from relationship. Discrimination based disadvantaged.

LGBTQ identified definition of human rights is derived sexual harassment or inappropriate on denial of reproductive rights is community members can face an from this declaration, which states that gender-based discriminations. discrimination in provision of services additional layer of discrimination as “… recognition of the inherent dignity Women have the right to keep their under the Ontario human rights code. well. To make the matter worse, there and of the equal and inalienable rights Despite these rights, according remains a double pressure to balance of all members of the human family is to one estimate, around one third of paid work and unpaid care work to the foundation of freedom, justice, and the women working outside the home sustain families. Discrimination against peace in the world.” [1] have been sexually harassed on the women is based on a way of life, norms Another core human rights treaty, job. Surveys of students at Canadian and systems that subordinate women The Convention on the Elimination universities have found that about and award power and privilege to men. of All Forms of Discrimination half of the women respondents have In other words, while provisions for against Women (CEDAW), defines experienced some kind of sexual equal rights are set out in conventions discrimination against women in the harassment on campus. Women have like CEDAW, the Ontario Human following terms: “Any distinction, reported sexual abuse by their doctors, Rights Code and the Canadian Charter exclusion or restriction made on the therapists, lawyers, landlords, and of Rights and freedoms, like their basis of sex which has the effect or neighbors. counterparts all around the world purpose of impairing or nullifying the Violence affects women in every women in Canada still have a lot of recognition, enjoyment or exercise by corner of the globe. Domestic violence ground to cover when it comes to women, irrespective of their marital is a serious problem world-wide. Some achieving true equality. status, on a basis of equality of men have argued that domestic violence If you have a human rights complaint and women, of human rights and is a private matter, nobody’s business or feel that you have been discriminated fundamental freedoms in the political, outside the family, and is shielded against, you can file a human rights economic, social, cultural, civil or any by the right to privacy, but women complaint with the Human Rights other field.” seeking change say the government and Tribunal of Ontario and consult the In Canada everyone has the right other authorities have a responsibility Human Rights Legal Support Centre. to be treated equally and to be free to respond to even private forms of Further advice is also available from the from discrimination. The Canadian violence. By refusing to deal seriously Hamilton Community Legal Clinic.  Charter of Rights and Freedoms with women’s complaints, the state stipulates: “Every individual is equal [1] “United Nations Universal maintains the status-quo of violence. before and under the law and has Another form of violence is rape, Declaration of Human Rights” in The the right to the equal protection and sometimes called sexual assault. Rape Human Rights Reader, ed. Micheline R. equal benefit of the law. The Ontario is generally considered a serious crime Ishay, (New York: Routledge, 2007), 493.

Human Rights Code is a provincial law that gives all Ontarians equal 1. What is the legal definition of human rights according to the Universal rights and opportunities without Declaration of Human Rights? Why is it important? discrimination in specific areas such as jobs, housing and 2. What is the Ontario Human Rights Code designed to do? services. It is designed to Discussion: What areas could Canada improve in gender equality? prevent discrimination and Women’s Day 2009, Barcelona, Spain.

LINC 5+ What practical things could you do to help? harassment. According to “Invisibility is cancer for immigrant women”

History of International Women’s Day 1908-1909

1910

Great unrest and critical debate was occurring amongst women. Women’s oppression and inequality was spurring women to become more vocal and active in campaigning for change. Then in 1908, 15,000 women marched through New York City demanding shorter hours, better pay and voting rights.

In accordance with a declaration by the Socialist Party of America, the first National Woman’s Day (NWD) was observed across the United States on February 28.

A second International Conference of Working Women was held in Copenhagen. A woman named a Clara Zetkin proposed that every year in every country there should be a celebration on the same day - a Women’s Day – to press for their demands. The conference of over 100 women from 17 countries, representing unions, socialist parties, working women’s clubs, unanimously approved.

1911 International Women’s Day (IWD) was honoured the first time in Austria, Denmark, Germany and Switzerland on March 19. More than one million women and men attended IWD rallies campaigning for women’s rights to work, vote, be trained, hold public office and end discrimination.

1912-1916 On the eve of World War I campaigning for peace, Russian women observed their first IWD. Following discussions, IWD was transferred to March 8 and this day has remained the global date for International Women’s Day ever since. In 1914 further women across Europe held rallies to campaign against the war and to express women’s solidarity.

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.7

Community gathers to mourn

Photo display at memorial service for Young

The evening after Laura Ann Young’s battered body was found behind 116 Cathcart Street, over fifty friends, acquaintances and strangers gathered near Cannon Street East and Wellington Street North to mourn her death. The 37-year-old woman was considered a “downtown fixture” and was the victim of Hamilton’s first homicide of 2011. Young’s body was found on Wednesday, February 16 at 9:00am by a resident of the house.

The group lit candles, shared memories and walked together from their meeting place to Gage Park, tracking the areas where Young was often seen.

On Sunday February 27, a noon memorial service took place at the Freeway Café that was organized by a collaboration of community members, agencies, churches, and civic leaders.

“Laura was a gift,” said Pat Finnigan of Good Shepherd Services who officiated the service. “Finally she is truly at peace.”

Young’s mother, Fay McPhail of Cambridge, presented a eulogy and spoke of her love and free spirit.

Attendees were invited to share memories of Young.

“When someone is walking in the door, we always wish she’s coming back, but we know she’s with God…She’s in a better place,” said Billy Selman, who lived in the same residence as Young, a mountain care facility called Edgemount Manor.

Denise Doyle, Chief Executive Officer of YWCA, shared on behalf of the women in the transitional living program where Laura previously lived for over a year. “Laura was a big part of the centre and brought a lot of joy to the women in the residence,” she explained. “Many of the women, after the story came out, were having a lot of difficulty. They were remembering her and remembering the good times they shared together.”

Michael Hampson, who initially met Laura while taking his dogs for a walk downtown, hoped that the community would “utilize this tragic situation to learn how to better assist those in need.” He further explained, “It’s about loving and respecting each other when we are in need…

We must remember that everybody is somebody’s son and daughter and is worthy of respect…This is our higher selves, why we come together as a community. We need each other and we need to remember that.”  - The Women’s Press

Chris Charlton

Member of Parliament for Hamilton Mountain www.chrischarlton.ca

Proud to support Women and the Women’s Press

La Clinique Juridique Communautaire De Hamilton offre maintenant des services en français

HCLS Staff lawyer Melissa Loizou (left) chats with Board members Vicky Ringuette and Vern Peters at the French Language Services kick-off

La Clinique juridique communautaire de Hamilton (CJCH) a lancé officiellement ses services juridiques en français lors d’une soirée « Cidre et fromage » au Musée des beaux-arts de Hamilton (Art Gallery of Hamilton), le 27 janvier 2011. Le sous-ministre délégué aux Affaires francophones a pris la parole ainsi que des représentants d’Aide juridique Ontario, CJCH et le Centre de santé communautaire Hamilton/Niagara.

Au cours de cette soirée, la Clinique a dévoilé son tout nouveau site Internet bilingue et interactif (www. hamiltonjustice.ca) qui permettra à la population de Hamilton d’avoir accès à ses services.

Le constat du manque de services juridiques pour les francophones à faible revenu, tout comme l’esprit de la Loi sur les services en français ont mené à la création des services juridiques en français. C’est en grande partie, grâce à l’appui du Centre de santé communautaire Hamilton/Niagara et d’Aide juridique Ontario, que la section francophone a vu le jour.

En devenant une organisation bilingue, CJCH comble le vide existant en matière de services juridiques disponibles à la communauté franco ontarienne de Hamilton. L’équipe francophone compte une avocate, une travailleuse juridique, une coordonnatrice de développement communautaire

et une adjointe. Ensemble, elles offrent la gamme complète de services juridiques de la Clinique, notamment, dans les domaines du droit des locataires, du droit d’invalidité, du droit de l’assuranceemploi, du droit de l’indemnisation des travailleurs et du droit des réfugiés.

La Clinique juridique communautaire de Hamilton est un organisme communautaire sans but lucratif qui fournit des services juridiques aux personnes et aux collectivités à faible revenu afin de promouvoir l’accès à la justice et d’améliorer la qualité de vie. Elle offre ainsi des services de conseil et de représentation juridiques et mène des activités d’éducation juridique destinées au grand public, de réforme du droit et de développement communautaire.

Vous pouvez joindre la Clinique au 905-527-4572 (Centre-ville) ou 905-528-0163 p.253 (Centre de santé communautaire H/N). Pour formuler une demande de service en ligne, vous êtes invités à visiter le site Internet: www.hamiltonjustice. ca.

Nous tenterons de répondre à vos questions le jour même de votre appel ou de votre demande en ligne.

Si votre problème concerne une question juridique qui n’est pas de notre ressort, nous vous dirigerons vers les endroits où vous pourrez obtenir de l’aide.  - HCLC

1917

1918-1999

2000-2010

2011

Russian women began a strike for “bread and peace” in response to the death of over 2 million Russian soldiers in war. Opposed by political leaders the women continued to strike until four days later the Czar was forced to abdicate and the provisional Government granted women the right to vote.

IWD grew to become a global day of recognition and celebration around the globe. United Nations began holding an annual IWD conference to coordinate international efforts for women’s rights and participation in social, political and economic processes. 1975 was designated as International Women’s Year by the United Nations.

IWD became an official holiday in China, Armenia, Russia, Azerbaijan, Belarus, Bulgaria, Kazakhstan, Kyrgyzstan, Macedonia, Moldova, Mongolia, Tajikistan, Ukraine, Uzbekistan and Vietnam. A global web of rich and diverse local activity connects women from all around the world. Political rallies, conferences, craft markets, theatre performances, and more.

This year will see the global centenary year for International Women’s Day. March 8 marks 100 years since IWD was announced for the first time, where more than one million women and men attended rallies campaigning for women’s rights to work, vote, be trained, hold public office and end discrimination. - Adapted from internationalwomensday.com. 

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.8

Keeping landlords accountable

“Getting landlords to do repairs is the most common tenant rights issue in Hamilton,” said Laura Harper-Stubbs, Community Legal Worker the Hamilton Community Legal Clinic. “We have a lot of landlords in Hamilton who live elsewhere and don’t keep up with maintenance. They come in for rent, but the repairs get ignored.”

Working at the legal clinic for thirty-three years, Harper-Stubbs has advocated for thousands of tenants who have needed assistance keeping their landlords accountable to the law. The law that applies to most situations is the Residential Tenancies Act, which deals with landlord and tenant disputes.

Those living in subsidized housing are also covered under the Social Housing Reform Act, while housing co-op members are covered under the Cooperative Corporations Act. “We usually end up assisting clients to do applications to the Landlord Tenant Board,” explains Harper-Stubbs.

“If the place is really run down, we get the fire department, the health department, and the City of Hamilton involved. We most often negotiate a settlement with the Landlords and have them ordered to do repairs.”

The City of Hamilton, who has

over twenty inspectors, “handles things well” according to Harper-Stubbs. But due to a variety of issues, there are still “many slum places in Hamilton that are being ignored.”

Low income tenants who are having problems understanding rights and obligations under the law can get personal assistance at the clinic. Legal professionals can advise on when to

“We have a lot of landlords in Hamilton who live elsewhere and don’t keep up with maintenance. They come in for rent, but the repairs get ignored.” get help from another service and how to take legal action to deal with each specific issue. In some cases legal representation is available as well.

Both landlords and tenants must know their rights and responsibilities when renting, to avoid being taken advantage of. “Since social assistance doesn’t give people enough money to live anywhere but the run-down areas, the marginalized often deal

This ceiling is an example of a tenant complaint, found in a kitchen that needs repair.

with landlords who don’t care and fear they have no other options,” explains Harper-Stubbs.

A tenant or a landlord can go to the Landlord and Tenant Board (LTB) if they have a dispute. The LTB is like a court which means that forms must be filled out. It can cost money to file the forms, depending on the issue. The tenant and landlord can try to settle the case using a mediator at the LTB. If it does not settle, both can have a hearing with an adjudicator who will listen to both sides and make a decision. It is possible to appeal the decision to court, but legal advice is necessary to take that step. At the LTB, Clinic staff (duty counsel) are available if requested to give advice and information on the day of the hearing.

Social housing tenants deal with rent subsidy disputes directly with their landlord through a process called an “internal review”. The tenant asks for the review and explains why the decision is wrong. There is no appeal to the court. Tenants should get legal advice when faced with subsidy problems.

It is important to know that landlords cannot take action against tenants unless they have been provided with the proper paperwork; that is a letter or a notice documenting the problem and actions the landlord is going to take. Often tenants can do something to stop any further action. If the landlord wants to evict you, he or she must give you papers from the LTB telling you when to show up. Clinics can advise on any paperwork from landlords.

Tenants needing repairs need to

first ask the landlord to fix the problem.

If nothing is done, tenants should write a letter (keeping a copy) to the landlord asking that repairs be done by a certain date. If no action results the City should be asked to send an inspector. The City may be able to get the landlord to make the repair. But if nothing happens the tenant can take the landlord to the LTB. Landlord and Tenant Board 1-888-332-3234 City of Hamilton By-Law Enforcement 905-546-2424x2782 Public Health 905-546-3500 Access to Housing 905-524-2228 Housing Help Centre 905-526-8100 Housing Emergency Loan Program/ Rent Bank (HELP) 905-527-7479  - HCLC

1. What are the three acts that deal with landlord and tenant disputes?

LINC 4+

2. What should tenants do if they need repairs done?

Discussion: Have you ever had trouble with a landlord? How did you respond?

What your landlord can and can’t do

By Christine Austen, Community Legal Worker The Hamilton Community Legal Clinic helps tenants to understand their rights and responsibilities. Chris tine Austen, a Licensed Paralegal/ Community Legal Worker, compiled this list detailing some things tenants need to know. Please note the list is not all encompassing.

Your landlord can’t: • Interfere with your reasonable enjoyment of the premises.

• Enter your unit without giving you 24 hours written notice stating time and date of entry. The exceptions are if you have given notice to vacate or there is an emergency situation.

Entry must be between 8 am and 8 pm.

• Increase your rent without proper notice. Rent can be increased once every 12 months with the proper paperwork. For increases above

the annual guideline amount the landlord must apply to the Landlord and Tenant Board for an order.

• Abuse you in any way – e.g. mentally, sexually or physically.

• Evict you for asking for repairs or for joining a tenant’s association • Charge a fee for issuing rent receipts.

• Cut off vital services such as heat, hydro, electricity, hot and cold water.

• Demand post dated cheques or automatic withdrawals from your bank account for rent payments.

Your landlord can’t tell you: • To pay for repairs unless you or your family or guests caused the damage.

• That you can’t have guests nor have overnight guests unless you are renting a subsidized unit.

• That you can’t have a pet. However, if your pet is noisy, causes odour or allergy problems, your landlord can

serve you with an eviction notice.

• To move if you have children.

Your landlord can’t refuse to: • Issue rent receipts. If a landlord refuses to provide a rent receipt write out your own rent receipt and have the landlord sign it paying your monthly rent.

• Apply your last month’s rent deposit to the last month of your tenancy.

• Pay interest on your last month’s rent deposit. This money can be used to increase the amount of your last month’s rent deposit. (The interest percentage is set by the provincial government and changes annually.)

• Provide you with their legal name and address within 15 days of the start of your tenancy.

• Give you a copy of your signed lease within 15 days of the start of your tenancy.

• Rent to you because of your age, colour, religious beliefs, income source, marital status, sexuality or disability.

• Install and maintain smoke alarms, complete repairs or eliminate pests.

Your landlord can’t make you: • Pay a damage deposit. Only a first and last month’s rent deposit can be requested.

• Pay to eliminate pests such as bedbugs, cockroaches, or mice.

• Sign a new lease every year. After your lease expires you’re a month to month tenant and still covered under the terms of the lease.

• Pay your rent by cash. Always pay rent with cheques or money orders and insist on receipts for each and every rental payment.

If you have questions about your residential tenancy call the HCLC at 905-545-0442. 

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.9

Immigrant and refugee legal services in Hamilton Finding legal help for immigrant and refugee matters in Hamilton can be difficult.

Although offering services in many other matters, the Hamilton Community Legal Clinic does not cover Immigration and Refugee matters.

The Legal Aid Ontario certificate program however is available to cover refugee hearings, sponsorship and deportation appeals, and detention reviews.

Along with these matters, the certificates may also be used for criminal matters resulting in jailtime; family matters including custody, child support, or Children’s Aid Society matters; and other civil matters including mental health capacity hearings and appeals.

Legal aid certificates provide the opportunity to receive advice and representation from a private lawyer.

Clients can apply for certificates by calling Legal Aid Ontario’s Client Service Centre at its toll free number - 1-800-668-8258 and pressing 0.

No coins are required from a payphone and LAO accepts collect calls. This service is offered in 120 languages.

Clients must be legally and financially eligible for legal aid services.

Legal Aid Ontario Hamilton District Office 110 King Street West Hamilton, ON Suite 760 Robert Thompson Bldg.

Telephone 905-529-0134 Fax 905-528-1857 www.legalaid.on.ca  - HCLC

Women are talking about...

What is the importance of Women’s Day and how can we continue to work for our rights all year?

Here’s what Women at the Niagara Folk Arts’ Chinese New Years celebration had to say: [Translated from Mandarin]

Jiu-wen Huang “Women’s rights can’t be given.

Women must get involved and claim their own rights. Women should continue to get involved in many community activities and seek positions at high levels. The more women do that, the more women’s status will continue to improve.”

Yukngan Ng “It is important to celebrate Women’s Day because it already has a long history and is now a tradition. As a woman, I think it is a good idea. Men and women’s status is still not equal but I’m grateful it’s much better than fifty or sixty years ago.”

Yulan Ai “Compared to other countries in the world, Canada’s women’s rights are good because if there is abuse the women can find a shelter to go to. Now status has improved by there is still not enough women leaders. There is still a gap in gender equality and Women’s Day raises awareness about that. ”

Pishan Wang “It is important to protect women’s rights so men and women can be equal, and women can have more opportunities. Women make up 50% of the human beings so they deserve to be treated equally. Women need to be confident in who they are. “

Bing Lun Fan “I am grateful for all the programs that are available for women in Canada. Programs that educate women about issues such as women’s health are good to participate in throughout the year, to keep focusing on empowering women. ”

Yien y Kai “Women’s Day helps to empower women so more people are aware of women’s rights. There is a long way to go to improve our rights and gain equality, but I have seen a lot change for the better in my lifetime.”

n e m o W g n i s i r p r e E nt Free

Bus pass, clothing allowance, childminding and more!

A practical course for women receiving Ontario Works or ODSP who want to make personal and professional goals for themselves and who want to learn how to make these goals achievable.

MPP Hamilton Centre

To register or for more information contact Erika at 905-529-5209 x223 or email zarate@stjosephwomen.on.ca or talk to your OW/ODSP Case Worker.

20 Hughson St., S., Suite 200, Hamilton ON L8N 2A1 Tel: 905-544-9644 Fax: 905-544-5152 ahorwath-co@ndp.on.ca

Andrea ad artwork dec 15.indd 1

12/15/10 10:17:23 AM

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.10

Ones to watch for

LINC 5+

Movie Review:

Support the

Finding Dawn Luz Marina Hernandez Salazar Finding Dawn is an investigative documentary that shows how more than 500 aboriginal women have been murdered, raped or have disappeared over the past thirty years in Canada. The documentary focuses on four main stories - each with a different scenario - but connected by their unjust and tragic outcome.

Dawn is one of the main characters who lives in Vancouver’s Downtown Eastside, Canada’s poorest neighbourhood, where many women work as prostitutes and suffer from drug addiction. Here, First Nations women are often seen as sexual objects and given little respect.

Another story is told by Ramona, a teenager who disappeared from the Yellow Head Highway /HW 16 area where several aboriginal women have been killed yet their murderers have never been found. Lack of public transportation and money are two of the reasons why women regularly hitchhike in this part of Canada, and unfortunately, many do not make it to their final destination.

These two cases in Finding Dawn tell the stories of aboriginal women who are victims of abuse, rape, and injustice. The film also

Women’s Press Advertise with us!

Photo Credit: Mary Suchell © 2006, NFB Marchers at the annual Women’s Memorial March in Vancouver, honouring the dead and missing women.

The Women’s Press is distributed to agencies, cafes, businesses, civic offices, community centres and more throughout Hamilton.

shows the hope of two native women, Janice and Fay Blaney, who are fighting for change by encouraging native women to talk without fear about the brutality and injustice that has happened to them.

I strongly recommend this great documentary which is dedicated to the countless indigenous women lost to violence in Canada. It is available for rental at the Hamilton Public Library. 

Become a sustainer!

Keep local media alive by supporting the Women’s Press on a bi-monthly or one-time donation basis.

Music Review: Anne Blackwell

Call Michelle at 905-529-5209 x257 for rates and more information.

Michelle Drew, Communications Coordinator at the Immigrant Women’s Centre

Raised in a musical family, Anne Blackwell started playing music as a young girl. Faced with the isolation of rural poverty, she spent her childhood in Northern Ontario with no running water or washroom facilities in her home. Her family grew close as they spent their evenings telling stories and playing music together, where five siblings shared one bedroom.

As a teen, Blackwell was raped and turned to drugs and alcohol to numb her pain. Isolating herself from the comfort and support of her family, she ended up on the streets where her

toxic lifestyle consumed her.

After overcoming years of drug-use, she now attributes encountering God as to what turned her life around. Releasing her first fulllength album, she is now happily married with four children. “When I finally found emotional healing as far as accepting myself and recognizing that I can be loved… I was able to maintain a relationship. Now I’ve been married 13 years and have been able to have a healthy marriage and receive love.”

Blackwell finds she is able to use her music to bring healing to others who have experienced similar pains in life. “I think a lot of women are going through the same things I went through. They are driven by the same hurts. You’d be surprised at how a lot of women have been abused but haven’t said anything. It affects their decisions, how they feel about themselves, and how they treat others. If I can help people have restoration and healing in their life, I want to be there,” she explains.

Her words are exemplified by her efforts volunteering in the community for Living Rock Ministries, Focus on the World Ministries, and the Salvation Army soup van.

Blackwell’s album entitled ‘Break Down the Walls’ features eleven songs about overcoming challenges. “I write a lot of music according to my experiences. I write about hurts, not only the downsides but the joys too,” she notes.

You can listen to her music online at www.reverbnation.com/anneblackwell. 

Your Money, Your Future!

A 6-week workshop for women on Personal & Family Financial Management (6 hours/week) Improve how you manage your money in Canada!

For more information or to register contact Nabila at 905-529-5209 x261

Sophia Aggelonitis MPP for Hamilton Mountain

Community Office: 952 Concession St., Unit 2 Hamilton, ON L8V 1G2

Tel: 905-388-9734

Gain confidence in speaking & listening! Take advantage of our state-of-the-art telephone lab!

Build English Telephone Skills

& Workplace Communications Free

CHILDMINDING & BUS TICKETS AVAILABLE

www.IWCHamilton.ca

Obtain practical customer service experience in our 12 Week LINC Program.

For More Information & Registration Call: Vivyan at 905-529-5209 x233

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.11

How to: protect your bicycle through winter Biking can be a great way to get exercise, save money, and reduce your carbon footprint. In Hamilton, where the roads are usually clear of snow, the biking season can be extended throughout the whole year by following a few simple changes. Here are some steps you should take to keep your bicycle tuned and yourself safe throughout the winter. - The Women’s Press

Grease your brakes and cables To repel water, snow and dirt, lubricate all moving brake parts but be careful not to get any lube on the brake pads. Use a light wax lubricant or grease on the cables as well to prevent sticking.

Keep your lights on Having a red taillight and white headlight is important for any cyclist who rides in the winter.

Lights should be kept on not only at sun-up and dusk, but also during the day. With frequent overcast days, this is a great way to ensure you remain seen by motorists.

Add grips to your front wheel If you have disc brakes, drum brakes, or a brakeless fixed-gear bike, you can run zip ties around the tires and rims with even spacing to ad grip. Make sure the knob ends are facing downwards and alternating directions. This will give you more friction when turning corners and stopping on icy or snowy streets.

Fenders are your friend Having fenders on your wheels is important for minimizing the impact salt and slush will have on your bicycle’s brakes, bottom bracket, crank bearing, and headset steering bearing. Fenders help keep the salt and slush off of you as well.

Clean & grease your chain weekly Once a week, degrease your chain, scrub it clean and re-grease it. If you are familiar with bearings, clean and repack the bearings in the hubs and the bracket at least once during the snowy season. At the very least, keep all the moving parts clean and well-lubed. Bike lubricant keeps the parts from sticking, as well as cleans and protects the parts from corrosion.

Time Well Spent: Join us at the Immigrant Women's Centre!

Free childminding with all daytime programs Your Money, Your Future: Manage your money in Canada Financial Literacy for Women: Next 6-week session starts March 1 at 9 Main Street East. Tuesdays & Thursdays from 9 am - 12 pm. Call Nabila at 905-529-5209 x261.

Learn to drive & build independence: G1 Driving club.

At 8 Main Street East

March 15 - 31, Tuesdays & Thursdays, 1 pm - 3 pm.

Call Vivyan at 905-529-5209 x233

At 182 Rebecca Street

Mondays, Tuesdays, Fridays. Call Joyce at 905-525-9676 for an appointment.

At 45 Montcalm Dr. Unit #43

March 15, 17, 18, 10 am - 4 pm. Call Rana at 905-388-5048 for an appointment.

Programs for kids: Help in French for kids grade 4 - 8

Drop in, every Tuesday from 4 - 5 pm at 182 Rebecca Street. Call Joyce at 905-5259676 x221.

Susan’s Story Time

For kids grades 3-8, parents welcome too! Every Friday, 4 – 5 pm at 182 Rebecca Street. Call Joyce at 905-525-9676 x221.

Math for kids!

Math Homework Club for kids grades 4 - 5. Mondays and Wednesdays, 3:30 - 5 pm at the Montcalm Community House, 45 Montcalm Dr. Unit #43.

At 182 Rebecca Street

School Break Activity: Ages 3 - 14

Pre-registration required. $25 fee for matrials. Call Joyce at 905-525-9676 x221 for dates and times.

March 16 at 12:15 pm. Trip to the Hamilton Public Library (Central Branch). Get a free library card and learn to use the system. Call 905-525-9676 x239.

Improve your computer skills!

Gain new skills:

At 8 Main Street East

MS Publisher: March 15 - April 1, Wednesdays & Fridays, 9:30 am - 12 pm.

MS Word: April 13 - 29, Wednesdays & Fridays, 9:30 am -12 pm.

Call Vivyan at 905.529.5209x233 At 1119 Fennell Ave East

Basic XP & Internet: April 5 – 21, Tuesdays & Thursdays, 9:30am - 12 pm.

MS Excel: May 3 - 19, Tuesdays & Thursdays, 9:30 am - 12 pm.

Call Ahlam at 905-387-1100 x230

End your fear of the phone! LINC Telephone Skills Program.

April 1 - June 24. Weekdays, 9 am - 12 pm, at 8 Main St. E. Call Vivyan at 905-5295209 x233.

Find a job! Work & Career workshops.

Career Exploration session: March 9, from 10 am - 12 pm and April 15 from 10 am - 12 pm at 1119 Fennell Ave E. Call Rosemary at 905-387-1100x222.

Skills for successful job searching: March 10 from 10 am - 12 pm at 182 Rebecca St. Call Doris at 905-525-9676x225.

Do your taxes! Free tax clinic.

March 7 - 31, 10am - 4pm. By appointment only.

At 8 Main Street East

Mondays, Weds, Fridays. Call Samira at 905-529-5209 x225 for an appointment.

At 1119 Fennell Ave East

Mondays, Weds, Fridays. Call Ahlam at 905-387-1100x230 for an appointment.

Learn to speak French!

Starts April 6, Every Wednesday, 5 - 7 pm. Runs for 11 classes. $30.00 material fee.

Call Joyce at 905-525-9676 x221 Learn to Sew!

Basic Sewing Skills, starts in March. $25 fee. Call Joyce at 905-525-9676 x221.

Montcalm: Mondays 12:30 am - 2:30 pm. Call Rana at 905-388-5048.

First Aid Training & Certification

March 29 & 30 from 9 am - 5 pm at 182 Rebecca St. Call Joyce at 905-525-9676.

April 7 & 8 from 9 am - 5 pm at 8 Main St. E. Call Vivyan at 905-529-5209 x233.

CPR Course: May 9, 9 am - 4 pm at 1119 Fennell Ave E. Call Ahlam at 905-3781100x225.

Food Handling Certificate

Thursday March 24, 9 am - 5 pm. Registration and $80 fee required.

Call Joyce at 905-525-9676 x221.

Senior’s Club

March 10 - April 6. Thursdays only. 3:30 - 5:00 pm. Call Joyce at 905-525-9676.

Presentation to Seniors: Riverdale Community

March 23. 2 - 4 pm. Call Vicky at 905-387-1100x225.

The Bridge for IMGs Bridging program for International Medical Graduates at 182 Rebecca Street, every Wednesday, 5 – 8 pm. Call Joyce at 905-525-9676.

Women in Hamilton, Raising our Voices.

Issue 10 • Mar. & Apr. 2011 • p.12

Bill C-11 reforms refugee law Information from Citizenship and Immigration Canada The Balanced Refugee Reform Act (Bill C-11), which received Royal Assent in June 2010, will bring significant changes to Canada’s refugee protection system, including: Creating a Refugee Appeal Division at the Immigration and Refugee Board (IRB); Authority to designate countries of origin; Timely removals of failed asylum claimants; Limits on pre-removal risk assessments; Changes to the humanitarian and compassionate and temporary resident permit provisions; Introduction of an Assisted Voluntary Returns (AVR) pilot program; and Enhancements to Canada’s refugee resettlement program.

Citizenship and Immigration Canada, the Immigration and Refugee Board and Canada Border Services Agency (CBSA) are now preparing for the changes this new legislation will bring, most of which will take place within the next 12 to 18 months.

However, amendments to the Humanitarian and Compassionate class and Temporary Resident permit came into effect when the Act received Royal Assent.

The most significant change for CIC is the transfer of the pre-removal risk

assessment (PRRA) function to the IRB on December 1, 2012. To prepare for this, CIC received additional short-term funding to reduce the backlog of PRRA applications and applications for permanent residence based on humanitarian and compassionate considerations (H&C).

CIC has created three new points of service called Backlog Reduction Offices (BROs) in Vancouver, Niagara Falls and Montreal. This initiative will be an opportunity to take a national approach to processing in-Canada applications for permanent residence. Cases will be distributed across the country irrespective of where applicants reside.

The Women’s Press asked women their opinions on Bill C-11.

Deepa Dayal, Lawyer: This bill will positively affect the refugee/asylum claimants as it will expedite the hearing of their claims. Currently it takes about 19-24 months, on an average to get to an IRB hearing. Under the new system a claimant will be interviewed by a public servant within 15 days and subsequently, a hearing will be conducted by

DOWNTOWN HAMILTON 8 Main St. E. Suite 101 Hamilton, ON L8N 1E8 P: 905-529-5209 F: 905-521-0541 HAMILTON MOUNTAIN 1119 Fennell Ave. E. #236 (Fennell & Upper Ottawa) P: 905-387-1100 HAMILTON NORTH 182 Rebecca St. (Rebecca & Ferguson) P: 905-525-9676 WEST MOUNTAIN 45 Montcalm Dr. Unit #43 (Near Garth & Mohawk) P: 905-388-5048

another public servant within 60-90 days.

The most important change is the formation of the Refugee Appeal Division under the new system. The failed asylum claimants will have an opportunity to appeal the decisions of the Refugee Protection Division (RPD) of the IRB to the Refugee Appeal Division. The claimants will also be able to provide any new evidence before the Refugee Appeal Division that was not available before.

My personal opinion is that it will fast track the refugee protection system and also clear the huge backlog. I also welcome the formation of the Refugee Appeal Division.

However, my concern is that the claimants might have difficulty finding lawyers for representing them in IRB hearings within the proposed short timelines especially, claimants applying for Legal Aid Certificate.

The Government needs to introduce changes into the refugee protection system that should serve the best interest of the claimants. The Government should eliminate the designation of safe countries of origin as it will result in discrimination. They should

eliminate the bar on claimants making humanitarian and compassionate applications.

The Government should provide additional funding to the Legal Aid Ontario to provide effective legal representation to the refugee claimants as representation is extremely important for the refugee claimants.

Myrna Rivera, Health Settlement Counselor, Urban Core CHC: If these changes are going to ensure that people in urgent need of protection are going to be able to come to Canada in a shorter period of time, this can be a positive change for those facing serious problems in their home lands.

Decisions on appeals within 120 days unless a hearing is pending can have a positive side in the sense that clients are not going to

be wondering when they will have an answer. This is currently the case with many appeals, where some claimants can wait months while others wait for a few years.

When it comes to Refugee claims, the bill seems to rush the Refugee process, especially because claimants have to collect evidence to support their cases which is not an easy task.

Other external factors can also determine the length of the process, such as a reliable immigration legal representative, an accurate interpretation, and the claimant’s emotional state (traumatic experiences and fears they bring with them) when they arrived in Canada.

We should hope for good results with all these changes to our immigration system.

1. What are the three new points of service CIC has created?

2. How will the bill positively affect claimants?

LINC 5+

Discussion: What do you think should be changed to make the process easier for refugees?

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