Your Legal Rights - website launch

 

JFCY thinks you should check out this new website that helps you find answers to everyday legal questions.

Today, Community Legal Education Ontario (CLEO) has launched "Your Legal Rights" www.yourlegalrights.on.ca – a new online source of legal information for people across Ontario.

Read below for info from CLEO:

"For tenants who don't know what steps to take when they have repair problems their landlord refuses to fix, parents who are separating and have questions about custody and access, or workers worried about what will happen to their benefits while they're on pregnancy leave, Your Legal Rights has free, practical, and easy-to-find legal information.

New features include Common Questions to help direct people to the information they need and an interactive map of key legal and social services throughout the province. Still available are the popular news and events listings on legal issues and access to justice.

If you work at a community organization, check out the Training section for a wide range of legal education webinars. And keep your clients and communities up to date on legal issues by adding content feeds from Your Legal Rights to your organization's website.

You can follow Your Legal Rights on Facebook and Twitter or sign up for the e-mail bulletin.

Your Legal Rights is a project of CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario) and is funded by the Law Foundation of Ontario.  For close to 40 years, CLEO has worked to help people who face barriers to participating in Ontario’s justice system by providing them with the information they need to understand and exercise their legal rights."

Your right to study!

Scenario by Diana Rozo, JFCY volunteer

Jose is a 10 year old boy. He was born in Mexico, brought up in a low-income family. His parents have been saving up for years working in labour intensive jobs in hopes that Jose will never have to suffer through the hardships that they encountered in their lives. Jose’s parents are hoping to move to Canada so that Jose will have a chance at a better education, and subsequently a better life. On his 10th birthday Jose and his parents flew out to Canada hoping for a brand new start. After settling into the neighbourhood and nearby surroundings, Jose and his parents decided that since it was nearing the start of school, they should visit their nearby school for registration. By the time his parents brought him to register for school they had just realized that their visitor’s visa had expired. His parents are not sure if the school will register their son and are quite worried. Jose is really disappointed to hear this news and remains eager to start school in Canada.

What are Jose’s rights?

Some legal issues explained by JFCY staff lawyers:

Right to Attend

All children who reside with a parent or guardian within a school board’s boundaries have the right to attend a school within the board, but not any specific school.

Payment of Fees

A child who is a “resident pupil” has a right to attend school without paying a fee. A “resident pupil” means that they are living in Ontario and not just visiting.

Canadian citizens and “permanent residents” do not have to pay a fee to attend a school in the district in which they live.

Students who are “visitors” to Canada will have to pay a fee in order to attend school. For example, if Johnny and his parents do not take steps to gain immigration status in Canada then they will likley have to pay a fee. 

However, non-citizen students will NOT be charged fees in certain circumstances. These are some, but not all of those circumstances: 

- The student, or their parents have claimed refugee protection in Canada and are awaiting the decision, or have had refugee protection conferred on him/her/them.
- The student has applied for “permanent resident” status and is awaiting a decision. 
- The student is living with parent (or someone who has lawful custody of them) who is a “permanent resident” or has applied for “permanent resident” status. 
- The student is living with parent (or someone who has lawful custody of them) who has a valid work permit or has applied and is awaiting the determination of a work permit application.

The above information on payment of fees can be found in the Ontario Education Act, at s. 49, available here

To learn more, check out this JFCY pamphlet: (“Do I have the right to attend school?”)

This area of law can be complicated.  For more information or to speak to a lawyer about your specific situation, you can call Justice for Children and Youth at 416.920.1633 (or 1.866.999.5329 for outside the GTA)

Other Issues for Students Without Legal Immigration Status

Section 49.1 of the Ontario Education Act says that a student should not be refused admission to school becasue they or their parents are unlawfully in Canada.

The Toronto District School Board has adopted a policy called, Access Without Fear: Don’t Ask, Don’t Tell  for children without legal immigration status. This policy aims to protect the rights of children and their families by not asking for, reporting or sharing information about any student’s or a student’s family’s immigration status. For more on this policy, adopted on May 16, 2007, see page 2 of this document

Other school boards in Ontario may have different policies.

For more information on activism in this area, check out the No One Is Illegal blog here

Leaving Home Part III: Social Assistance

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer.

Today's final intallment answers some questions about available social assistance for youth living on their own.
 
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Can I get Ontario Works (“OW”, “welfare” or “social assistance”) to live on my own?
If you are under 16 years of age, you are not entitled to receive social assistance as a single person. However, if you are living with an adult, such as a friend’s parent, they can ask to have the Child’s Tax Benefit and Ontario Child Benefit paid to them to help support you. They can also ask the Ontario Works office for help to support you.

If you are 16 or 17 years old, you can apply for social assistance from Ontario Works (OW) under special circumstances.

You might have to show the OW worker that your parents will not let you live at home, or that it is harmful for you to live there. The OW worker must be sure that your parents cannot or will not support you financially. You can ask your OW worker to not contact your parents if there are safety reasons, e.g. if your parents have physically abused you or threatened you with harm. You might also need to provide confirmation of your circumstances, such as a letter from a guidance counselor.

OW will need to know who you are living with and whether they are financially supporting you. This may affect your eligibility. You may also have to participate in family counseling (exception: if your parents have abused you).

You will have to attend school full time or be in an approved training program, unless you have a serious medical or psychological problem that makes this impossible. Anytime you miss school or the training program, you must have a justified reason for doing so or your OW will end. If you are suspended or expelled from school you may be cut off from social assistance.

If you believe that the reason you were suspended or expelled was not fair, you should appeal the decision. You can call Justice for Children and Youth to find out how to appeal the decision.

If you are 16 or 17 years old and have a child, you can receive OW. You may be required to participate in a program approved by OW to help you complete high school, develop job skills and/or develop your parenting skills.

What does Ontario Works pay for?
OW payments are for shelter, food, clothing and other basic needs. When you move into a new place OW can also help you cover extra items, such as last months rent, furniture and moving costs. If you need prescription drugs, OW will also pay for those except for a small dispensing fee (which some drug stores will not make you pay). If you live in a hostel or youth shelter, you can apply for a personal needs allowance only.

Do I have a Right to apply for OW?
You have the right to apply for benefits even if you are told that you may not be eligible. If you are turned down, you should ask for the decision in writing so you can ask for a review of the decision by someone else in the OW office. If they turn you down again you can appeal the decision to the Social Benefits Tribunal. Your request for a review or an appeal must be in writing. There are short deadlines for reviews and appeals so make sure you act on it as soon as possible. For further information on Social Assistance, visit the website for Community Legal Education Ontario at: www.cleo.on.ca/english/pub/onpub/online.htm

For advice or help with a review and/or an appeal, contact your local community legal clinic or Justice for Children and Youth.
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For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:
Leaving Home

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RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at http://www.oacas.org/

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit http://www.211toronto.ca/
Outside GTA, check the local Blue Book or visit http://www.211ontario.ca/

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/

Legal Aid Ontario – http://www.lao.on.ca/
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.