Evidence of meeting #19 for Citizenship and Immigration in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was abuse.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Denise Spitzer  Canada Research Chair in Gender Migration and Health, University of Ottawa, As an Individual
Kamal Dhillon  Author, Black and Blue Sari, As an Individual
Salma Siddiqui  President, Coalition of Progressive Canadian Muslim Organizations
Kripa Sekhar  Executive Director, South Asian Women's Centre
Alia Hogben  Executive Director, Canadian Council of Muslim Women

3:45 p.m.

Kripa Sekhar Executive Director, South Asian Women's Centre

Thank you for inviting me. I appreciate the time. I will try to run as fast as I can.

Mr. Chair, and honourable members, I want to thank you for the invitation to appear before the committee today to study strengthening the protection of women in our immigration system. My presentation focuses on three areas. First is the challenges faced by women threatened by an abusive sponsor and ways to prevent vulnerable women from being victimized by such abusive sponsors, and the consequences of any potential penalties to the sponsor. Second is the potential skills and supports needed by sponsored spouses, especially abused and isolated persons, to succeed independently and make a life in Canada; and third, the unique challenges of forced marriage survivors who are sponsored and the ways to support them better.

First, based on SAWC's experience in the last 10 years, there are many women living in abusive situations who have been sponsored by a spouse in Canada, and I'm speaking strictly of the experience of women. I know men too go through this, but we're talking about women, sponsored by a spouse in Canada, who go through this experience in disproportionately high numbers. Many of them face challenges in accessing services that will protect them from abuse. Some of these challenges include limited knowledge of one or both of the official languages, namely, English and French; a lack of knowledge about the laws in Canada; and a lack of trust and a sense of fear of the police and other law enforcement agencies.

The challenges of sponsored spouses, particularly in instances of women who are abused, is complex and we're noticing that they're even more complex now with the two-year conditional residency requirement. Many of the challenges stem from isolation in a new country, with little or no home community support at the local level. There's also an inequality of status based on length of stay in the country, so the spouse who has lived in Canada longer has a better knowledge and the support of the local community. This creates an environment where this is a scope for manipulation and threat, causing fear, ostracism, and shame.

SAWC's experience also informs us that women facing abuse in some sponsored situations fear losing their children and their immigration status, as they are threatened by their sponsors—who are also their abusers and their families—with deportation or separating them from their children.

In October 2012, the federal government enacted legislative changes to immigration policies and introduced a conditional permanent residency for two years for sponsored spouses in relationships of less than two years and without children. These changes were brought in to control marriage fraud, where some sponsored persons might have used marriage to get immigration. Although there's an exception built into the new permanent residency requirement that is targeted for victims of abuse and neglect by their sponsors and related family members, our experience informs us that victim survivors of abuse, in most instances, are unable to access this exception for the following reasons.

This is due to a lack of access to information in their own language; lack of knowledge of the support systems available; fear of systems, government, and other; fear of the sponsor and fear of losing status because filing a complaint can create a retaliatory response from the sponsor that includes threat of deportation to CIC for misrepresentation—and what I'm saying comes from experience based on the case work we have done—fear of losing any children that might come about within the two-year timeframe; and a lack of financial support and independence to access legal and other supports.

In the case of deportation, there is a fear of backlash from family and community stigmatization in the home country. The possibility of remarriage could also become remote or impossible, depending on the traditions of the community that one belongs to; and there is a high possibility that in the case of deportation of the abuser, the women's family could face threats, abuse, and violence.

Unfortunately, even when domestic violence is reported, women are reluctant to take any actions. In fact, a sponsored spouse requires her husband to sign as a guarantor in opening a bank account or in seeking a credit card or for any of those reasons.

It is our experience that sponsors used the new legislation to control and abuse their victims by threatening loss of status and deportation if they ever complain. It has become our experience that women trapped in such relationships usually have no one to turn to for support other than the abuser or his family. The abusers normally censor and restrict the interactions of newlywed immigrant women with family and friends and isolate them from any support networks.

There is a power imbalance between the sponsored person and sponsor. It has become more evident after the introduction of the conditional permanent residence requirement. In many instances, women endure the abuse in silence. Even when they report it, they're not willing to formally report it. This is our experience. They are less likely to take any concrete actions. SAWC's concerns stem from the lack of safety and the dangerous predicaments for women in these circumstances.

In terms of potential skills and supports, how do we help the women who come in through the sponsored category by virtue of marriage gain a level of economic independence, free of control, that would provide them with a better life with more safety, free of violence? Our experience at the agency informs us that many women coming from abroad as sponsored spouses are abused not only emotionally and physically but also financially. Do you know that women even ask for tokens? We try to fund them to come to the agency, because they don't have a way of getting five dollars to travel from wherever they are. It's as bad as that.

When a marriage takes place in another country, and this is with regard to South Asians, large amounts of money and jewellery are given to a bride as part of her dowry of bridal wealth. This is practised in certain communities. Parents desperate to get their daughters married are prepared to pay this price through the gifting of bridal jewellery, money, or a promise to exchange money for their daughter's marriage. This money and jewellery are in the control of the abusers and their families. It's very common. Unfortunately, this makes sponsored spouses financially dependent on their abusers, and leaves them vulnerable to financial abuse in addition to other forms of control and abuse.

One of the key barriers to a woman's financial security is her financial dependency on the spouse. We have observed that newly sponsored spouses to Canada face many additional challenges to secure employment and training to join the labour market. Some of these are a lack of availability of resources and help centres. In the last—

5:20 p.m.

Conservative

The Chair Conservative David Tilson

I'm sorry, Ms. Sekhar, I have more bad news; you're running out of time.

5:20 p.m.

Executive Director, South Asian Women's Centre

Kripa Sekhar

Should I go to the recommendations?

5:20 p.m.

Conservative

The Chair Conservative David Tilson

Perhaps you could go to the conclusion or the recommendations.

5:20 p.m.

Executive Director, South Asian Women's Centre

Kripa Sekhar

I will go through the recommendations very quickly.

It is recommended that the victims and survivors of abuse have easier access to the exception of abuse in cases of relationship breakdowns in conditional sponsorship cases, especially in cases where they experience immigration investigations triggered against them on false complaints by abusers and sponsors in retaliation, etc.

Currently the burden of proof of abuse lies on the victims and survivors. They are expected to provide evidence of cohabitation and abuse that can be virtually impossible due to lack of reporting or access to services. In many instances documents of proof of cohabitation are with the sponsor.

It is also our recommendation that there should be dedicated resources allocated under the settlement programming for spousal sponsorship programs that should not be restricted to language training alone but holistic counselling that includes financial independence. Violence against newcomer brides is a settlement issue.

Create a special pool of funds for sponsored spouses who are experiencing or have experienced abuse to access legal support or mental health support and to upgrade their skills—

5:20 p.m.

Conservative

The Chair Conservative David Tilson

I'm sorry, Ms. Sekhar—

5:20 p.m.

Executive Director, South Asian Women's Centre

Kripa Sekhar

Okay. I will stop.

5:20 p.m.

Conservative

The Chair Conservative David Tilson

—but I will have to cut you off. I'm sorry.

You have gone to a lot of trouble. The analyst has a copy of your paper, but we can't distribute it because it has to be in both languages. The clerk will undertake to translate it into both languages, and it will be distributed to all members of the committee.

We'll now go to Ms. Alia Hogben, executive director of the Canadian Council of Muslim Women.

Good afternoon to you. You have up to eight minutes.

5:20 p.m.

Alia Hogben Executive Director, Canadian Council of Muslim Women

Well, I'm going to make a suggestion. I don't mind at all....

I've come from Kingston, and I would rather not present just now. This cutting off is rather difficult for all of you, but it's also difficult for us, because we've done a lot of work in order to give you a presentation.

So if it's all right with you, may I come back another time?

5:20 p.m.

Conservative

The Chair Conservative David Tilson

All witnesses are told they have up to eight minutes. They're told that ahead of time. You were, too.

5:20 p.m.

Executive Director, Canadian Council of Muslim Women

Alia Hogben

But there was also this thing that we would have time for communication between you and us. If that's not possible....

5:25 p.m.

Conservative

The Chair Conservative David Tilson

Just give me a moment, Ms. Hogben.

5:25 p.m.

Executive Director, Canadian Council of Muslim Women

5:25 p.m.

Conservative

The Chair Conservative David Tilson

It's going to be difficult, Ms. Hogben. Next week is full of witnesses. When we come back after Easter, we'll be setting aside this study for a period of time to study a bill, so it could be some time before we will have a position. But there's no guarantee. I have no guarantee that you can be invited back.

5:25 p.m.

Executive Director, Canadian Council of Muslim Women

Alia Hogben

Okay, I'll go ahead and give you my presentation, then. Thank you.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

Yes, I think it's best. I'll try to be lenient.

5:25 p.m.

Executive Director, Canadian Council of Muslim Women

Alia Hogben

Mine is eight minutes; I have it timed exactly.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

Okay, good show.

5:25 p.m.

Executive Director, Canadian Council of Muslim Women

Alia Hogben

As you can understand, our interest is not in strengthening the immigration program but to express our concerns about the vulnerability of the sponsored woman, to see how she can be protected, and to suggest positive actions for her settlement in her new life in Canada.

Allow me to tell you a little bit about our organization. It was founded in 1982. It's called the Canadian Council of Muslim Women and we have worked hard to implement the objectives of equity, equality, and empowerment of women and girls. This has been done through specific projects, outreach, public education, and advocacy.

A recent example of interest to you was our struggle against the imposition of any religious family laws in private legally binding arbitration. Our research found that no religious family laws had women's equality as a fundamental value. As believing women, we wanted the same family law to apply to all of us. Another project that is just finishing is on the issue of domestic violence, forced marriages, female genital mutilation or cutting, and filicide. We know that this is not restricted to Muslim women, but we are dealing with it as part of our issues.

CCMW is not a direct service provider, but women who are facing difficulties in their lives often call upon us. We challenge erroneous teachings and information that impact negatively on women and girls. It is puzzling that the committee's work is to ameliorate the fallout of a regulation change rather than addressing the cause of the problem, which is the regulation itself. I am no expert, and I mean no offence, but is it not the introduction of the conditional permanent residence that is increasing the vulnerability of women? Citizenship and Immigration clearly states that the purpose of the change is not about the welfare or the vulnerability of the women but rather about dealing with marriages of convenience. It seems that we cannot assume that the government based this decision on solid statistics. We could find no statistics. Neither could a lot of other organizations.

In creating the changes, was there a balancing of the possible damage to women versus the curbing of the fraud of marriages of convenience? Those of us who have worked in the field of violence against women know that for many women, educated or not, independent or not, self-confident or not, it is extremely difficult to come forward to report abuse and violence. Imagine how much more difficult it is to speak out for a newcomer in the precarious situation of a conditional permanent residence.

Many disturbing questions arise about the effects of this program on these women. These are new immigrants, separated from their extended family support network, trying to adapt to unfamiliar surroundings, facing barriers such as a lack of facility in language, with possible limited financial resources, and the onus that has been placed on them to demonstrate their abuse when applying for an exception. The sponsorship created a relationship of uncertainty and unequal power with their husband.

There are some additional considerations from Muslim women. Their traditional patriarchal societies' practices, the high value of the family, and the stigma of a marriage breakdown, add to their problems. CCMW as an organization acknowledges that many Muslim-majority countries from which immigrants come to Canada do not have strong laws to protect women and girls against violence. As their laws and practices are based on pervasive patriarchal traditions, women may be hesitant to report instances of abuse and violence when they immigrate to Canada. The family is highly valued and everyone knows that a marriage breakdown must be avoided at all costs.

Another question is how exactly will a CIC officer assess a conjugal relationship. For the two-year period there has to be assurance that the couple are living in a conjugal relationship, which means, and they've listed, a significant degree of physical and emotional attachment, exclusive relationship, and so on. Is this not overly intrusive, with a focus on the bedrooms of the nation? We are proud of the values and laws of Canada, which generally assist women and girls when they are abused, but it seems that our values and laws will not apply to these vulnerable women. My question is, why is Canada allowing this to happen?

We believe that this change is racist as it targets certain specific groups of women. For example, the citizenship guide states that Canada does not approve of barbaric practices such as forced marriages or FGM or FGC. We could request that we should add polygamy, which although illegal in Canada is being practised by some Mormons. This should also be listed. We don't think that we can give you any startling new information but we do want to point out that if so many of us who have come to speak with you are concerned about this program, then surely that is really significant.

CCMW and other organizations have done a lot of work on these various issues and I know we would all be very willing to help you with any recommendations. Our recommendations are to clarify the objective of this exercise, which is the concern for vulnerable women and not about weeding out fraudulent marriages, and to do more at the beginning of the process.

There needs to be a greater concerted effort to inform immigrants at the time of application in their home countries because this would allow a woman to understand the situation before she arrives in Canada. As well, implement an increase in settlement services as these are essential. These should include language training, skills development, as well as being easily accessible geographically, without long waiting periods and in languages familiar to the woman.

It is likely that some women will put up with the two years of abuse rather than approaching anyone officially, such as at a CIC office. As part of the services provided, the woman should be helped financially to cover the cost of her evidence if she needs to do that. From what we have gathered, other countries that have similar programs have noted the difficulties of implementing the conditional permanent residence.

We recommend that the Canadian program—if it's possible—function for a set period of time, keep good records, and then assess the program's effectiveness. This would also identify gaps and other problems with the program.

A major worry is the fate of children in any such marriage, whether it is a child brought into the union from a previous marriage or a child born in the two years. This issue of child welfare will hopefully also be addressed by your committee.

Thank you.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

Thank you, Ms. Hogben.

Ms. Siddiqui, Mr. Gora, thank you for being so patient and waiting since 3:30.

We appreciate your presence. You can speak.

5:30 p.m.

President, Coalition of Progressive Canadian Muslim Organizations

Salma Siddiqui

Thank you, Mr. Chair, and the committee, for inviting us here.

I'm pleased to bring a man with me to show that we believe in equality.

5:30 p.m.

Voices

Oh, oh!

April 2nd, 2014 / 5:30 p.m.

President, Coalition of Progressive Canadian Muslim Organizations

Salma Siddiqui

He's sitting here among women.

I'm Salma Siddiqui and I'm here today in my capacity as the president of the Coalition of Progressive Canadian Muslim Organizations, accompanied by my colleague Tahir Gora, secretary general.

Let me begin by commending the Government of Canada for giving priority to protection of women and strengthening their rights. I would like to take the opportunity today in my remarks to share my views and those of our members on a range of issues around the government's present initiative. While we feel that on the whole this is a step in the right direction, I believe there are areas that should be considered carefully and where there are opportunities for further improvements or reforms.

I'm a Canadian of Pakistani descent and first moved here as a child in 1967. In the many years I have been here I have noticed differing trends in immigration. The debate surrounding immigration ebbs and flows with different issues coming to the fore one time over another. However, it is sad to say that there has always been one constant that I have observed. That constant is a fraud committed by, I'm sure, thousands of immigrants every year through marriages of convenience. I have seen it personally tear families apart, and the guilty parties exist on all sides of the issue.

I would like to begin with a personal story of how immigration fraud has affected my own family.

In the mid-1970s my sister sponsored and then married a man from Pakistan. Shortly after marriage things changed, and even though the two had a son together within the first year of marriage, this man left his family. It didn't stop there. For the next 13 years my sister was embroiled in custody disputes. He used my sister's love for her son—my nephew—as leverage to bring her to the brink of financial ruin, not to mention the emotional turmoil that still resonates today.

We didn't know then, but it's very clear in hindsight that the person in question took advantage of my sister to move to Canada. It is very sad for me to say that the system hasn't changed much in the last 35-plus years.

Now I would like to turn my thoughts to the point at hand.

I do not dispute the fact that there are women, and I'm sure men too, who come to this country as sponsored spouses and are subject to abuse by their sponsors. They need to get out of the situation and they likely do not have the same knowledge of the resources available that you and I take so much for granted as seasoned Canadians. I understand that these people are victims and they need protection. However, I also see that these sorts of exemptions to the proposed two-year cohabitation clause can be used to perpetuate immigration fraud through the use of marriages of convenience.

It is that spirit of raising awareness to this fraud that brings me here to talk to you today.

When we draft public policy we cannot do so with our eyes closed. We must thoroughly examine all of the surrounding issues to ensure that we achieve the best end possible. I'm going to share some stories with you that I hope will serve in broadening your horizons. Many of these marriages—at least 7% according to Canadians Against Immigration Fraud—involve cases from Southeast Asia. Being of Pakistani descent, I'm all too familiar with some of these issues.

During a recent trip to Pakistan I visited an immigration consultant and posed as a single Muslim woman with little financial resources. I asked for advice as to what some of my best options would be. Based upon the profile I provided, I did not fit the investor class. The advice I received was troubling. Canada along with Australia was identified as the best option. The methodology? To quote the consultant, a “paper” marriage.

These are the messages that people are receiving. We need to be aware that this is the case and we need to be vigilant in vetting the applicants. Though I understand resourcing may be an issue, I also think that mismanaging our immigration is irresponsible. I think it is important to point out that there may be significant security considerations associated with this practice.

You may wonder why I did this. I did this because I wanted to see for myself what was going on. My actions were based upon a case of which I am personally aware where a mentally challenged young man was duped into a marriage of convenience. He engaged in good faith sponsorship for his spouse. Upon her arrival, she left him. I don't think it would be a stretch to say that this was her intent all along and that she was likely coached along the way.

There are a number of other cases too. I'm sure that throughout the hearings you have heard, and will continue to hear, about many more such examples.

Another issue I would like to raise is something that is near and dear to me as a Muslim woman. This too is based upon my interaction with different facets of the community across the country. The problem lies with a number of our immigration settlement agencies who are given the responsibility of assisting the victims. Many of the front-line workers in these agencies do come from countries in the Sahel, the gulf, and Southeast Asia. They subscribe to a more conservative view of Islam. They encourage sharia law and polygamy, and to the Mormon issue I agree with you. They serve as enablers in this regard.

We have seen cases where women have claimed refugee status on the grounds of domestic violence, but a few years after being accepted, gave in to family and societal pressures and put forward a sponsorship application for the very abuser she escaped. This may not be so much an example of fraud specifically, but it does speak to the purpose of this bill in preventing violence against women.

In closing, I would like to thank you for the time given and I would like to please ask you to consider the full scope of the issue when drafting this policy. Too many Canadians have been hurt by this, both emotionally and financially. It puts the credibility of our immigration system at risk and can serve to threaten our collective securities as well. Thank you for giving us this opportunity and we hope that we have contributed something to this dialogue.

5:40 p.m.

Conservative

The Chair Conservative David Tilson

You all have indeed and thank you very much. You've made a great contribution to our study of this subject. I'm sorry, normally we end at 5:30 and members have other engagements to go to now. I'm afraid we won't have time for questions but I do thank you for coming on behalf of the committee. Thank you very much.

Just before we conclude, to the members, I'm advised that Minister Alexander is available May 28 at 3:30 p.m. for reviewing the main estimates.

Mr. Menegakis.

5:40 p.m.

Conservative

Costas Menegakis Conservative Richmond Hill, ON

Yes, that's true.