The Legal System in Canada

This section is about the Canadian legal system and how immigrants can interact with it. Settlement workers can help immigrants locate immigration lawyers and resources. Legal concerns often include sensitive areas such as family law, child custody, and domestic violence. Settlement workers provide specialized advice that helps newcomers understand how Canadian law works.

Settlement workers supporting immigrant families often extend services specially tailored to diverse family configurations. These could range from culturally sensitive counselling services to workshops on how to negotiate conflicting traditions and expectations within the family. Settlement workers also offer expertise in dispute resolution.

In Canada, in addition to the courts and the legal system, there are Alternative Dispute Resolution (ADR) services. These are voluntary options available in Canada. Some of the common ADR services include mediation, arbitration, and negotiation. Where appropriate, these options can be more flexible, less strict, and often cheaper than going to court; see Appropriate Dispute Resolution for Immigrant Newcomers (Todd, 2010) for more information about dispute resolution services for newcomers to Canada.

Research on dispute resolution, along with insights from focus group discussions with settlement workers, has identified four main categories of disputes commonly experienced by newcomers:

1. Intracultural disputes: Conflicts within the same cultural or ethnic community
2. Intercultural disputes: Conflicts that arise between members of different cultural or ethnic communities
3. Institutional disputes: Conflicts involving newcomers and organizations, employers, or landlords
4. Familial disputes: Conflicts within the same family, which are quite common among recent immigrants to Canada

Regardless of their cultural backgrounds, many newcomers tend to deal with conflicts by avoiding them. They may think that by ignoring the conflict, it will somehow solve itself. Ignoring the conflicts may also be a strategy newcomers use to avoid embarrassment for themselves or their families within their communities. However, experts say that if these conflicts are not addressed, they can become worse and lead to serious consequences for the families such as divorce, losing custody of children, or even legal action. When newcomer families need help, they do not first seek legal advice; instead, they often rely on friends and family for support and advice (Todd, 2010).

In deciding how to resolve a dispute within the context of newcomers, the crucial factor is their access to Alternative Dispute Resolution (ADR) services. Common barriers for newcomers in accessing ADR services include language fluency, financial constraints, cultural differences, bureaucratic processes, and competing life priorities like child care, work, or education.

To overcome these barriers, culturally relevant ADR services delivered by competent professionals who can speak the first language(s) of the community they serve are effective. However, these services are not readily available in some provinces for many newcomers. Ethnocultural community-based ADR services are helpful for many intracultural and familial disputes. Still, for disputes that involve multiple cultures, a team of ADR professionals who reflect the cultural differences of the disputants may be more effective. Team-based approaches, such as co-mediation with mediators who understand and can speak the preferred languages of the disputants, are considered effective for resolving various intercultural disputes (Todd, 2010).

For immigrants to use these services, awareness and knowledge are crucial. Typically, newcomers learn about and access services based on advice from trusted individuals within their community. Settlement workers, librarians, and information providers play a vital role in guiding newcomers. Media channels in the first language, such as radio, television, and newspapers, are effective in disseminating information to specific immigrant communities.

Focus group discussions with settlement workers has highlighted the need for more in-depth training programs to enhance their understanding of available ADR options. These programs should cover legal topics relevant to newcomers, including immigration law, tenancy law, employment law, and family law (Todd, 2010).

Settlement workers offer a variety of resources to help newcomers learn about Canadian family law. They can direct immigrant families to attend workshops, provide one-on-one consultations, or distribute written materials and information. Some workshops and clinics may even be offered in multiple languages to ensure a wider reach. Knowing the law is not limited to just being informed; it can make immigrant families feel more in control of their lives in a new country, thereby enhancing their sense of security and independence.

In Edmonton, immigrant families can explore family law workshops at the Alberta Law Foundation. The foundation offers sessions on divorce, child custody, and support issues. In Alberta, the Legal Education Society of Alberta (LESA) hosts workshops for lawyers, articling students, and legal support staff covering various family law topics. In addition, the Canadian Bar Association often conducts family law seminars. Throughout Canada, institutions like the Canadian Legal Information Institute (CanLII) provide online resources and webinars for those seeking family law knowledge. Workshop availability may vary, so settlement workers should check organizations for up-to-date schedules.

Here are some examples of family law workshops. Settlement workers should visit the websites or contact the organizations directly to inquire about upcoming workshops. In addition, settlement workers can consider searching online for family law workshops in their specific city or region in Alberta.

1. 1. Legal Aid Alberta: Legal Aid Alberta often organizes workshops on family law matters.
   2. Local Law Libraries: Check with local law libraries or community centres. They may host legal information sessions or be aware of upcoming family law workshops in your area.
   3. Law Society of Alberta: The Law Society of Alberta may have information on legal education events, including family law workshops.

These workshops provide practical advice and legal knowledge to help newcomers navigate family law complexities in Canada. Without a clear understanding of their rights and responsibilities, newcomers might unintentionally face legal issues that could range from losing child custody to dealing with criminal charges or being unaware of their rights as tenants or employees. Lack of information can lead to avoidable problems, emphasizing the crucial role of legal education programs. There is a rising need for these programs to be easily accessible, including offering them in different languages and using technology to reach those who cannot attend in person.

Image Credit 

Cliff MacArthur/provincialcourt.bc.ca [Photographer]. (2020). Trial courtroom, Main St., Vancouver [Photograph]. Used with permission. https://www.provincialcourt.bc.ca/media/stockphotos