The report called for legal navigator programs to be implemented
The Alberta Law Foundation has published its “Legal Needs of Newcomers in Alberta” report focusing on immigrants and newcomers’ legal struggles in the province.
The report highlighted access to justice challenges related to immigration law, family law, housing, and employment; these challenges include complicated legal systems, language barriers, and systemic inequities.
Immigration-related concerns include preparing and submitting applications, navigating status changes, and handling sponsorship and sponsorship breakdowns. The report indicated that refugee claims, which have increased approximately threefold since 2019, were especially complicated matters that require specialist legal advice; in particular, the report pointed to the applications made by displaced Ukrainians on humanitarian and compassionate grounds within Canada.
Family law issues include disputes involving domestic violence and child custody which have been complicated by cultural misunderstandings. Undocumented newcomers and temporary foreign workers also struggle to secure stable housing due to a lack of documentation, low income, weak credit, and discrimination.
Moreover, newcomers who are unaware of their labour rights face exploitative treatment from employers in the form of underpayment and hazardous working conditions; such individuals hesitate to report exploitation so that their immigration status will not be affected. In addition, newcomers’ limited understanding of basic legal rights and obligations in Alberta and across Canada compound their legal challenges.
Legal service providers are restricted by inadequate funding, overworked staff, and a lack of training in trauma-informed care and cultural competency.
Report recommendations
The Alberta Law Foundation called for a legal navigator program to be implemented; such navigators help individuals to understand and access legal systems although they cannot provide legal advice or representation. The organization also sought for centralized legal hubs to be launched, multilingual resources developed, and professional development opportunities offered to service providers.
In addition, the report recommended the setup of a multi-tiered newcomer support fund for direct services, capacity building, and community research. It called for multi-year, flexible grants to be given out to facilitate stability and adaptability.
“The proposed interventions offer an opportunity to address critical gaps in Alberta’s legal ecosystem. Immediate steps include establishing and piloting a legal navigator program, fostering partnerships, and aligning resources with identified needs to promote equitable access to justice for all newcomers. This will work towards ensuring that newcomers have the support they need to navigate Alberta’s legal systems with confidence,” the Alberta Law Foundation wrote in the report.
The Alberta Law Foundation consulted with legal aid providers, settlement agencies, and community groups on the “Legal Needs of Newcomers in Alberta” report.