"Thanks for Asking Us: A Public Legal Education Project for Immigrant Women in Domestic Violence Situations"

FINAL PROJECT REPORT

Joint Centre of Excellence for Research on Immigration and Settlement (CERIS)

    Funding received July 1999 

    Submitted, January 2001

RESEARCH TEAM

Professor Shahrzad Mojab,

Department of Adult Education, Community Development and Counselling Psychology,

Ontario Institute for Studies in Education of the University of Toronto

Susan McDonald, M.A., LLB., PhD. Candidate OISE/UT

Afsaneh Hojabri, M.A, York University

Women's Program, Centre for Spanish Speaking Peoples,

Toronto

This qualitative study explored the legal education and information needs of Spanish speaking immigrant women in Toronto who have experienced domestic abuse and how best to address these needs. Feminist participatory research methods were used to guide data collection, analysis and action (Maguire 1987). The Women's Program of the Centre for Spanish Speaking Peoples was the community partner in this research project. The staff of the Women=s Program were involved in the entire process of this study. Fourteen women were interviewed to understand their experiences, their legal education and information needs and their learning strategies. After the interviews were completed, the women, their children and the research team gathered for a three-day retreat and workshop at Hart House Farm outside of Toronto. The data collected from the interviews formed the framework for the workshop. This workshop, among other things, gave the women the opportunity to work together to design a solutions to address their legal education and information needs. A number of these solutions are currently being developed and implemented by the women participants working in partnership with other community organizations.

The goals of the first phase of the research were: 1) to identify Spanish-speaking immigrant women's legal information and education needs; and 2) to determine how best to address these needs with consideration for particular factors which could enhance or impede learning (the social location of the women, pedagogy, the role of the legal profession, and the impact of trauma on learning).

The study used feminist participatory research methods, including interviews and an extended focus group/workshop. A total of fourteen women participated in face-to-face semi-structured interviews. Many, but not all of the women were clients of the Women's Program. The interviews were conducted in Spanish or English, taped and transcribed. Participants had an opportunity to provide feedback on the transcripts of their interviews.

Following the interviews, ten of the women, their children (12 in total), and members of the research team spent three days at Hart House Farm, located one hour outside of Toronto. One full day was dedicated to a learning workshop during which the women participated in discussion, exercises and brainstorming to design solutions to their legal education and information needs. The data from the interviews helped to form the framework for the workshop.

The workshop was followed up with a meeting and dinner for the research team, women, and their children. During this meeting, participants discussed their proposals for action and indicated their continued commitment to participate.

The goals of the second phase of the research were/are to develop and implement the initiatives proposed by the women during Phase I of the project.

In the months after the follow-up meeting, it became evident that leadership remained concentrated in the university and transfer of the project to the community (an ultimate goal of the project and of feminist participatory research) had not occurred. In order to facilitate this transfer and develop leadership capacity in the women participants, the Community Leadership Project was developed.

The ideas identified by the women at the workshop in 1999 include:

• The women identified the use of workshops (talleres) as being an important component for their learning about their rights.

• Participation and experiential learning were stressed.

• Women who have dealt with the legal system should be involved in both the planning and the actual workshop, as well as those with knowledge (lawyers,court workers)

• Language of instruction will be in Spanish and materials.

• practical details - childcare, transportation costs, food, time - must be dealt with.

This initiative has been prioritized and the women have developed a partnership with METRAC - The Metropolitan Action Committee on Violence Against Women and Children. At the time of writing this report, 5 workshops are scheduled to begin Thursday, November 2, 2000. Pamela Cross, Legal Director of METRAC, will provide the legal expertise, while the women participants (Gilda Gomez, Katty Salinas, and Rita Egas) with the assistance of Susan McDonald will develop the curriculum.

• The women stressed the importance of support from women who already have experience with the legal system.
• The Women's Program would like to see the development of a peer support model that could also be used by other organizations.

This initiative has been prioritized by the women and the Women's Program. Additional funding will be needed to develop and implement this program. This will be ongoing work with the Women's Program taking the lead.

3) English as a Second Language Law Curriculum

• For many of the women, learning English is important and so while they requested workshops to be conducted in Spanish, many also attend ESL classes; many are required to attend classes as a condition of social assistance.

This initiative will require further funding and has not been prioritized by the women at this point in time.

• The women called for printed legal materials in Spanish, particularly in family law.
• Areas of law that were of particular concern to the women included:

* the legal profession and legal aid,

* family law - all aspects including child and spousal support, custody, access, separation, divorce, division of property, and particular issues for immigrant women (taking children out of the country, international agreements that would be applicable),

* immigration law - sponsorship breakdown, refugee claims, humanitarian and compassionate applications, and

* young offenders law.

• Areas that were not priorities:

* criminal law - most women who had been through the criminal justice system had access to Victim Witness Assistance Program and had felt they had adequate information at the time, and

* other - e.g. change of name, how to incorporate a small business.

Some materials already do exist. Some must be translated. This initiative will involve the collation and translation of existing materials. There are some monies available from the CERIS budget, but likely not sufficient for large scale translation and production.

5) A directory of lawyers for immigrant women who have been abused

• The women and the Women's Program spoke consistently of difficulties in retaining lawyers, particularly in family law.
• Interval House, a shelter in Kingston, has surveyed practicing lawyers and compiled a directory.

A project proposal has been submitted to Pro Bono Students Canada for a law student to work on this initiative. At the point of writing, this initiative has not begun. Discussions with LEAF Toronto and METRAC have also been undertaken about the importance of such a directory.

6) Assistance for clients with forms at 311 Jarvis Family Cou - Pro Bono Family Law Court Project

• The women identified the need for representation and understanding the many documents in the family law process.

The Family Law Court Project of Pro Bono Students Canada involves law students at 311 Jarvis working with people to fill out the necessary forms. At present, a pilot project has been started whereby women from the Women's Program will attend with a staff member for translation to receive assistance with these needs. Catherine Bickley of Pro Bono Students Canada is coordinating this effort with the Women's Program.

The project consisted of 5 workshops held weekly at the Ontario Institute for Studies in Education of the University of Toronto in June and early July 2000. These workshops were developed by Research Assistant, Susan McDonald, in collaboration with Professor Mojab and the input of the participants themselves.

The project was grounded in an understanding of anti-racism and feminist approach to leadership. The language of instruction was English, but with an understanding that English is a second (or third or fourth) language for these women. Four women participated and worked on specific problems/projects for their communities so that by the end of the training, they understood a number of skills necessary for leadership initiatives. Topics covered included: writing a proposal (funding and other), funding sources, defining community needs, group facilitation and support, outreach and organization strategies. As well, the women received a number of resource materials that they can use for future reference.

The women also requested that they become familiar with different organizations that work in the area of violence against women. As a result, the group visited METRAC - The Metropolitan Action Committee on Violence Against Women and Children, as well as The Victim Services Program of Toronto. The women began to participate in the Advisory Committee for Justice Workshops at METRAC and are now working to develop legal workshops specifically for Spanish speaking women.

All costs of the workshops (materials, TTC, refreshments) were covered, including a stipend for participants. Funding received from the New Approaches to Lifelong Learning Research Network (OISE/UT) supplemented original CERIS funding.

The women were required to organize a meeting in their community and this meeting took place at the end of July 2000. The women co-ordinated the location, child care, transportation, and dinner, as well as the facilitation of the meeting. Dianah Smith from METRAC attended this meeting to discuss the legal workshops.

Evaluations of the Community Leadership Project indicated that the women found the format, topics, and overall goals of the training invaluable. They requested that it be longer. The Project definitely provided a mechanism to facilitate the transfer of control of the overall project to the women themselves.

Working with METRAC (The Metropolitan Action Committee on Violence Against Women and Children), three of the research participants developed and co-facilitated a series of legal workshops in Spanish. The workshops were held at the Perth Davenport Neighbourhood Community Centre from 5:30-8:00 pm. Child care, refreshments and transportation costs were covered by METRAC. The workshop topics had been identified by the women in the research undertaken in the summer of 1999. METRAC provided the legal expertise and the women working with graduate student, Susan McDonald, worked on translations and an inclusive, participatory curriculum for each workshop.

November 2, 2000 – How to Find a Lawyer

November 9, 2000 – Child Custody and Access

November 16, 2000 – Child Support

November 23, 2000 – Criminal Harassment

November 30, 2000 – Sponsorship Breakdown

Evaluations (in Spanish) have been completed for each workshop, the analysis of the workshop series is completed (see the attached copy). Initial feedback has been extremely positive and the workshop participants have requested a further session on wills and powers of attorney which METRAC will provide in January.

Discussions continue with the Women’s Program of the Centre for Spanish Speaking Peoples on the development of a peer support program.

Next Steps

In order to achieve some measure of success with the development and implementation of the second phase of this project, there are a number of requirements. First of all, sufficient funding must be secured and preferably not from sources which would restrict innovative approaches to addressing the women’s needs. Second, the present commitment and level of participation from all those involved must be maintained and even increased. Third, the immediate needs of the women (safety and survival) must be addressed, through appropriate resources. Fourth, the leadership must be transferred from the researchers to the women themselves. Fifth, the women must acquire the information and skills necessary to allow them to assist other women. This training will be critical. If women feel unable to respond to the needs of other women, they will not continue as peer supporters. And finally, the women must understand the problem of domestic violence not as a personal, local problem, but one which extends beyond their homes and their community.

The funding provided by CERIS-Toronto enabled this research project to be undertaken taking into consideration the needs of the research participants. The specific questions posed for Phase I were answered and provide further support for the need for appropriate legal information and education for disadvantaged groups, such as Spanish speaking immigrant women who have experienced domestic abuse. This project also enabled women in this community to develop specific leadership skills through the Community Leadership Project and to use these skills to realize their own ideas and assist a number of other women in their community.

As the development of the women’s ideas continues, a final analysis of the project as a whole has not been completed. Further exploration of the relationship between the university and the community organization is needed, as well as deeper analysis of the transfer of control to the community in a project such as this.

As the women have left each workshop this past month, there has been a strong sense that the workshops are fulfilling a need in this community. This sense has been an extremely positive outcome of this research project.

ARTICLES AND PRESENTATIONS ON THE RESEARCH

• Shahrzad Mojab (1999) 'Vengeance and Violence: Kurdish Women Recount the War,' Canadian Woman Studies, Vol. 19, No. 4.
• Shahrzad Mojab (October 26-29, 1999) paper presentation at Women in Conflict Zones Network conference in Budapest.
• Susan McDonald and Shahrzad Mojab (March 8, 2000) Presentation at the Department of Adult Education, Community Development and Counselling Psychology.
• Shahrzad Mojab, Susan McDonald and Maria Rosa Maggi (Women's Program, Centre for Spanish Speaking Peoples) (March 24, 2000) Presentation at Metropolis/CERIS National Conference, Toronto.
• Susan McDonald (1999) 'Not in the Numbers : Immigrant Women and Domestic Violence,' Canadian Woman Studies, Vol.19:3, 163-167.
• Susan McDonald - Chapter submitted to book on the United Nations Declaration of Human Rights, edited by Alda Facio, publisher UNIFEM.
• Susan McDonald (January 22, 2000) Presentation at the Annual Law Union Conference.
• Susan McDonald (February 7, 2000) Presentation to the Centre for Research in Women's Health.
• Susan McDonald (February 29, 2000) Class presentation to law and social work students, University of Toronto, Faculty of Law.
• Susan McDonald (May 10, 2000) Presentation to graduate medical students, Women's Health Seminar.

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