DUAL CITIZENSHIP

It is common knowledge that Canada is one of the most multicultural countries around the world. Proof of this multiculturalism can be seen by walking in any street of downtown Toronto at any time and noticing all of the people with different physical features who were born in another country or were born here in Canada, but their parents are from other countries.

This blog post shares some basic information about dual or multiple Citizenship and how it can have some important implications in our lives. It was written by JFCY PLE Team volunteer Lina Maria Sanchez.

SCENARIO

Ivan is 16 years old and was born in Ukraine when his parents, Vera and Dan, were there for some long vacations. His parents came back to Canada when he was one year of age. Last year, when the family decided to revisit Ivan`s birth country, they were shocked to learn that he was still considered to be a Ukrainian citizen and as a result, he was subject to military service. They also learned that Ukraine did not recognize dual citizenship.

Photo source: http://panthera9105.wordpress.com/%C2%BFque-es-microsoft-passport-network/

                                    

INFORMATION

What does dual citizenship mean?

If you have dual citizenship, it means that you are recognized as a citizen in more than one country.[1] Dual citizenship is the result of each independent nation being able to decide who to recognize as a citizen.[2] Dual citizenship means that being recognized as a citizen in one country does not prevent you from being recognized as a citizen in another country as well.

Canada has allowed dual citizenship since February 14, 1977.

Photo source: http://quadroframing.ca/passportphotos.html

                             

When will a person be recognized as a dual citizen?  

Individual countries have their own laws to establish the criteria for a person to become a citizen. These laws will usually include information on how to apply for citizenship and may even list certain situations where a person will automatically be treated as a citizen of the country without bringing a formal application. For example, if you were born in a particular country, it may mean that you are automatically treated as a citizen of that country depending on the laws of that country.[3]

In addition to birth in a country, here are some possible ways one may acquire citizenship:

-          an application is made by an individual for foreign citizenship

-          the individual has resided in a foreign country for an extended period of time

-          the individual has family in a foreign country

-          the individual is married to a citizen of the foreign country [4]

In Ivan`s situation, he may be a Ukrainian citizen because he was born In Ukraine Territory. Ivan may also be a Canadian citizen because his parents are Canadian citizens.

It is important to note that each country’s laws can either allow citizens to have dual citizenship or can take away the citizenship of anyone who obtains citizenship from another country.[5]

What kind of advantages does Ivan have because of his two nationalities?

• unrestricted travel with his parents (because he is under 18 years of age) between both of the countries
• more employment opportunities in the future given his ability to work in both countries
• access to a variety of social benefits and programs, such as education and health care, in both countries
• unrestricted residency with his parents (because he is under 18 years of age) in both countries
• a greater personal connection with both countries[6]

 What kind of disadvantages does Ivan have because of his two nationalities?

·        He may be subjected to the laws of either country in the same way as any other citizen even if he is not living there full-time.

• if he gets married in the future, his marriage may not be legally recognized in the other country (although, Canada does recognize foreign marriages as legally valid)
• in addition, if he gets divorced or obtains any child custody orders in the future, these court documents may not be recognized in the other country
• he may be forced to repay any educational costs to one of the countries where he may have attended school in that country or that country helped him pay for school elsewhere
• his citizenship in one country may not be recognized in the other country
• when he is older, he may be forced to pay taxes in both countries
• he may be required to register for military service in one or both of the countries[7]

For example, Ivan may be legally required to register for military service in Ukraine when he turns 18 years of age. This obligation may be enforced even if he is just visiting Ukraine and permanently resides in Canada. If he doesn’t comply with this requirement, he could face imprisonment or be forced to register for military service when he tries to leave Ukraine or when he comes back at some point in the future.[8] To avoid this kind of negative result, Ivan may decide he wants to permanently stay in Canada and can renounce his Ukrainian citizenship before the age he would be required to register for military service.

The following websites provide some useful information about dual citizenship:

Government of Canada, Travelling Abroad: http://travel.gc.ca/travelling/publications/dual-citizenship

Citizenship and Immigration Canada, Dual citizenship: http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

This blog post was written by Lina Maria Sanchez, a lawyer in her native Columbia. Lina Maria is a volunteer member of the PLE Team.  Editing and citations were done by Emily Slinger, a law student intern at JFCY.

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[1] http://travel.gc.ca/travelling/publications/dual-citizenship

[2] http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

[3] http://travel.gc.ca/travelling/publications/dual-citizenship

[4] http://travel.gc.ca/travelling/publications/dual-citizenship

[5] http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

[6] http://travel.gc.ca/travelling/publications/dual-citizenship

[7] http://travel.gc.ca/travelling/publications/dual-citizenship

[8] http://travel.gc.ca/travelling/publications/dual-citizenship

Internationally Trained Lawyers: Practicing law in Canada

Some info from a JFCY volunteer...

This post was written by JFCY PLE Team volunteer Lina Maria Sanchez.  The views and explanation of the NCA process are those of Lina Maria and not JFCY.

Lina Maria is 26 years old. She is from Colombia, South America and she came to Canada one year ago as a refugee claimant.

Lina Maria is a lawyer in her native country and she also studied two post-graduate degrees (procedural and contracts law). Despite this, she has had difficulty in finding a job in her educational field.

She applied for an equivalent study in an International Credential Institution and she got as a result that her studies in Colombia are equivalent in Canada to a bachelor degree and two post-bachelor degrees, but it is not enough because the law system in Colombia is Civil Law and in Canada the law system is common law. Therefore, many people told to her that if she wants to practice law in Canada, she should go back to law school.

Lina Maria, cannot believe that she studied for eight years and now she can feels like that time spent is a waste.  Consequently, she has been looking more information and she found another option.

http://www.google.ca/imgres?q=international+lawyers+images&hl=es&sa=X&rlz=1R2GGHP_enCA431&biw=1024&bih=373&tbm=isch&prmd=imvns&tbnid=KcsnX405

INFORMATION

The Federation of Law Societies of Canada (http://www.flsc.ca/) offers an option to practice in the legal profession in Canada, for the individuals with a legal educational credentials and professional experience that was obtained outside of Canada.

The Federation of Law Societies of Canada has a standing committee, called the National Committee on Accreditation (NCA), which assesses the credentials and experience of foreign-trained lawyers and can award a Certificate of Qualification, which is required for most law societies in Canada to admit foreign-trained lawyers to their bar  or law society.

The first stage is an assessment which is done before one may apply for admission to a law society in a Canadian common law jurisdiction. The assessment is based on the academic and professional profile of each applicant.

Once a file is assessed by the NCA, an applicant may be asked to complete one or more exams and/or attend and complete specific law school courses within a prescribed time frame.

Is important to known that lawyers from any country can apply for the assessment, but there are differences between credentials from civil law and common law countries. The lawyer does not have to be a Canadian resident or Citizen.

People with credentials from common law countries and those people can apply directly for the NCA assessment and then, depending on the professional profile they may need to submit and pass some exams or attend and pass some law school courses.

On the other hand, lawyers such as a Lina Maria, who studied in a country with civil law system, need to take some courses in a law school, such a Canadian Constitutional law, criminal law, administrative law, tort law, before applying for the NCA assessment. There are some universities in Ontario that offer specific programs Internationally Trained Lawyer Programs in order to facilitate this process.

After reviewing an application, the NCA will issue an assessment report to the applicant listing the subjects and/or legal education that is required to ensure that the applicant’s legal education and training is equivalent to that provided by an approved law school in Canada. 

If Lina Maria obtains the NCA assessment and wishes to obtain an NCA Certificate of Qualification, she could be required to demonstrate competence in a number of subjects.

Lina Maria may demonstrate competence in one of three ways:

1. successful completion of NCA examinations;
2. by registering as a special student in a Canadian common law degree program and successfully completing the assigned subjects as part of your program of studies;
3. a combination of (1) and (2).

After an applicant has successfully completed the NCA requirements, the applicant must request a Certificate of Qualification. Common Law societies in Canada normally accept the NCA's Certificate of Qualifications for entry to their Bar admission process[1]. 

In conclusion, although it has not been easy for Lina Maria to practice her profession in Canada and it may take her around three years to complete the requirements (complete law school courses, NCA assessment, NCA exams and/or completing the assigned subjects as part of the program of studies in a law degree and the NCA Certificate of Qualification), she feels the extra effort is worth it and certainly better than wasting the eight years of study that she already completed her native country of Columbia.

Image source: http://decottamckennaysantafe.typepad.com/.a/6a010536f0d59b970c011168d275ac970c-800wi

For more information go to http://www.flsc.ca/en/

This post was written by JFCY PLE Team volunteer Lina Maria Sanchez.  The views and explanation of the NCA process are those of Lina Maria and not JFCY.

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[1] http://www.flsc.ca/en/

What Young Workers Should Know

Arnold is 16 years old.  He is a full time student in high school, but he wanted to earn some money in the last Christmas break. He applied to different restaurants, hotels and stores to get a job. Finally, he was hired as a server in a Mediterranean restaurant during his December break from school.  This restaurant does not serve alcohol.

Initially, his boss said to him that the wage for his job would be $8.50 per hour. He could also earn tips, but they would be part of his minimum wage amount.

He worked six hours per day and he usually took thirty minutes for his lunch break. One week after Arnold started working, the manager said to him that the student employees were only allowed to take fifteen minutes for lunch break.

Although Arnold felt that his job conditions were not fair, he continued working on the weekends after Christmas break. However, he has not received his wages from April and May.

Arnold does not know if there is a law that regulates this issue.  He wants to know if the labor conditions in his job are fair, and if he will be able to recover his wages for the months of April and May.

LEGAL INFORMATION

The Employment Standards Act (ESA) sets out the rights and responsibilities of both employees and employers in Ontario workplaces.

Young workers have the same rights as other employees in most Ontario workplaces under the ESA.  It is important to know that the minimum age for working in Ontario is 14 years in most types of workplaces.

Regulations specify higher minimum ages for certain types of work and workplaces. For example, working in the kitchen at a restaurant requires you to be at least fifteen years old.  You also have to be at least fifteen to work in laundries, shipping and receiving areas in grocery stores, automotive service garages, produce and meat preparation areas and warehouses.

Was Arnold receiving a legal wage in his job?

Minimum wage is the lowest hourly wage an employer can pay employees, whether they are full-time or part-time.

No matter how they are paid, employers must pay most employees, including young workers, at least the minimum wage. Tips or gratuities are not considered wages and will not be considered in determining whether an employee is receiving at least minimum wage.  This means that Arnold’s boss was breaking the law if he deducted Arnold’s tips from his minimum wage.

The minimum wage rate for a certain job can depend on what kind of work an employee is doing and how old the employee is.  In Ontario, there is a general minimum wage rate that applies to most employees.  


There is also a student minimum wage rate that applies to many students under the age of 18.

Students must be paid at least the student minimum wage if they are under 18 and they:

• work no more than 28 hours a week when school is in session, or
• work during a school holiday (for example, March break, Christmas break, summer holidays)

Students who work more than 28 hours a week when school is in session are entitled to the general minimum wage.

General minimum wage rate is $10.25 per hour.

Student minimum wage rate is $9.60 per hour. This is Arnold´s situation and this is the minimum amount he should be paid for each hour he works at the restaurant.

There are some exceptions to the minimum wage requirements.  For example:

• If you are participating in a high school “co-op” or work experience program authorized by the school board that operates your school
• If you are a college or university student performing work through your school program
• If you are training for certain occupations such as architecture, law, professional engineering, medicine, optometry
• If you are a student employed to instruct or supervise children and a person employed as a student at a camp for children (like a camp counselor)

How much time can Arnold take for lunch?

Most employees, including young workers, may not work longer than five hours in a row without getting a 30-minute eating period. If Arnold and his employer agree, the 30-minute eating period may be taken as two breaks within each five-consecutive-hour work period.  Meal breaks are usually unpaid.

If Arnold is working a shift that is less than five hours long, he does not have to receive any lunch break.  So, for example, if he works a “split” from 11 am until 3 pm and then from 5 pm until 8 pm, he does not have to receive a lunch break.

How can Arnold get his pay from April and May?

Since Arnold’s boss violated the Employment Standards Act, Arnold can contact the Ministry of Labour to file a complaint.  Arnold can start this process by contacting the Employment Standards Information Centre at 416-326-7160 or 1-800-531-5551.  They will be able to give him information about the Employment Standards Act and filing a complaint.  In the complaint process, his complaint will be investigated, and his employer can be ordered to pay him wages.  Arnold should keep evidence that he worked during this time and that his employer didn't pay him.  An example of evidence would be a copy of a time sheet where he signed in and out, or an email giving him his work schedule for the week.

If Arnold decides to file a complaint, he must do this within 6 months of the date he was supposed to be paid.  So, for pay he should have received on March 14, he must file his complaint by September 14.   Sometimes, this 6 month period can be extended if an employer violated the act multiple times, but at least one of those times happened in the past six months.

For more information about the rights and rules on young workers, check out this website from the Ministry of Labour.

This post was written by PLE Team volunteers Lina Maria Sanchez (a Columbian lawyer who has recently come to Canada) and UofT law student Leora Jackson. Legal info was reviewed by JFCY.