Now that you have an understanding of Canada's refugee system, you should be better prepared to begin working with the Five Clients.For this assignment, we will only be examining the cases ofYuri Bolsveick and Peter Pepper.

A person may meet the definition of a Convention Refugee (A96). If, however, they do not have a "Nexus" or "Grounds of Persecution" then they might instead meet the definition of a Person in Need of Protection (A97). For Yuri Bolsveick and Peter Pepper, identify whether they meet the definition of a Convention Refugee (A96) or if they instead meet the definition of a Person in Need of Protection (A97). Once you have identified the clients accordingly, assess them as indicated below.

If you believe that your client meets the definition of aConvention Refugee (A96), they must show that they meet the key legal issues of the definition. The "Interpretation of the convention refugee definition in the case law"from the IRB website identifies all of the legal issues which are required. As counsel, you will need to be familiar with them. Identify and explain the following four legal issues for your client who you believe meets the definition of a Convention Refugee (A96):

1. Grounds of Persecution
2. Well founded fear of persecution
3. State Protection
4. Internal Flight Alternative

If your client does not have a "Nexus" or "Grounds of Persecution" and you believe your client meets the definition of aPerson in Need of Protection (A97), then please specify the applicable section(s) of A97. Please review the following resourcesfrom the IRB website:

• "Consolidated Grounds in the Immigration and Refugee Protection Act: Persons in Need of Protection - Danger of Torture"
• "Consolidated Grounds in the Immigration and Refugee Protection Act: Persons in Need of Protection - Risk to Life or Risk of Cruel and Unusual Treatment or Punishment"

If you believe the client meets the definition of A97(1)(a) then identify and explain the following four legal issues for your client:

1. Personal Risk
2. Danger of Torture
3. Burden of Proof
4. Protection

If you believe the client meets the definition of A97(1)(b) then identify and explain the following four legal issues for your client:

1. Personal Risk
2. State Protection
3. Internal Flight Alternative
4. Risk Not Faced Generally

Yuri Bolsveik Narrative:

My name is Yuri Bolsveick and I am from Moldova. I am 24 years old. I was persecuted in my country because I am gay (homosexual). I left my country because the authorities did not protect me against harassment. In fact, the authorities played a direct part in my harassment as well. The current regime does not recognize homosexuality in any form. Homosexuality is believed to be a mental disease, while homosexuals are considered immoral. I left Moldova to come to Canada because I could not stand the harassment any longer and because my life was in grave danger. If I have to return to Moldova, I will live in fear for the rest of my life, looking over my shoulder everywhere I go. The police will not protect me in Moldova.

When I was 15 or 16 years of age, I realized that I was attracted to boys but not attracted to girls. I was very puzzled by this and could not understand these feelings. These feelings were not considered normal and I was struggling to cope with them. I was afraid to tell my parents or close friends about my homosexual feelings; therefore, I was forced to hide my feelings. I did not want to spend time with my friends because I was worried they would find out about me. I did enjoy being in the company of other men and I especially enjoyed my Judo training, as I had the opportunity to be in close contact with other men.

Although I was attracted to men, I also tried to socialize with women, hoping that I would become attracted to them; however, this attraction never developed. I found myself always thinking about men, yet I was worried about the repercussions of my homosexuality being discovered. In our society, the opinion of homosexuals is very, very low. The public believes that homosexuals are dirty and immoral, and that they are responsible for many diseases.

Over time, my attraction to men increased but I still had no attraction to females. When I was in high school, I was very attracted to a classmate of mine, Alexei, who was very handsome. Many of the girls in our class also liked him. In the beginning, I had to hide my feelings for him, as I was afraid of what could happen. I decided to start a conversation with him about homosexuals to gauge his reaction. His opinion was that homosexuals are a genetic mistake who should not have a place in our society and who should seek mental treatment. I had to agree with him or I would have lost his friendship. After this conversation I was depressed andI couldn't eat nor sleep. I did not know who to turn to for help. I became a recluse and did not want to socialize with anyone. Despite the depression, my feelings for Alexei intensified. It was very traumatic for me to learn that he had found a girlfriend.

It was a very difficult time for me but I did eventually graduate from high school. I realized at that point that I had to move on. Consequently, I decided to apply for the Police Academy. I thought

that working as a police officer would confer respect and I hoped I could live an easier life as a homosexual.

I successfully passed the Police Academy entrance exams and started classes at the Police Academy in Chisinau. I became friends with a colleague of mine, Sergei, and we spent a great deal of time together socializing in places such as restaurants and clubs. He was a tall man with black hair and blue eyes, and I was very attracted to him. One day, Sergei and I went to a club and I later invited him back to my apartment. At my apartment, we drank some wine and began discussing topics such as homosexuality. The conversation was light-hearted and we were making jokes. However, I decided to confide my feelings for him. I came close to him and took his hand in mine, then kissed him. Sergei was shocked for a couple of seconds, but remained silent and motionless. He did not pull away, so I came closer and closer, kissing him more intimately. We spent the night together, but when I woke up in the morning, Sergei was gone.

Two days later when I returned to the Police Academy, Sergei was trying to avoid me in the corridors. When I finally confronted him and asked him what was wrong, he told me never to touch him again and that he hates homosexuals. He then punched me in the face. I believe Sergei told everyone at the Police Academy that I was gay because, from this point forward, I began to experience serious problems with my colleagues and teachers.

I was continually harassed at the Police Academy. In the corridors and classrooms, students would call me names and push me away. Whenever I tried to defend myself, there would be a fight, and although I had strong frame, the students would outnumber me and beat me. After these incidents, I would go to my superior officer to complain and they would just laugh at me. They did not take these incidents seriously, saying that I have to be strong and not pay any attention. In addition to the physical harassment, I would often find insulting notes about my sexuality on my desk, some of which were written using very degrading language.

Over time, my circumstances worsened as the teachers would give me very poor marks on my exams and the harassments from my colleagues increased to unbearable levels. One day after class, a few classmates approached me and surrounded me. Without warning, one of them punched me in the face. I fell down and the other students kicked me with their boots, calling me derisive names. They beat me so intensely that I lost consciousness and I woke up a couple of hours later in the Police Academy medical office. After the medical examination, a Commander came to see me, but I feared explaining the situation because I had a bad experience in the past with him.

At this point, I did not want to continue attending the Police Academy, as I was very frustrated. I was not safe and I did not know where to turn. However, I decided I would not leave the Police Academy permanently and that I would stay until I graduated.

One evening, I was staying late at the Police Academy library to study. When I finished studying, I left and headed toward the bus stop to go home. It was very dark outside, but I recognized one person, Anton, who approached me with three other men whom I did not recognize. They started calling me names, jeering and goading me to fight. I tried to ignore them because I did not want any

confrontations, especially since there were many people at the bus stop. However, they started pushing me and when I defended myself, a fight ensued. The four men beat me on my head and stomach, and I soon found myself lying on my back in the gutter. Two of the men began kicking me while I was on theground, yelling "take that you homo bastard". I could feel myself beginning to lose consciousness andthe next thing I knew, they had fled the scene leaving me lying alone in the gutter. An elderly man and his wife were passing by and took pity on me when they saw me lying battered in the gutter. The couple pulled me to the sidewalk and then called an ambulance. They waited with me until the ambulance arrived. I probably owe the elderly couple my life. I tried asking them for their names, but they feared further involvement.

I was hospitalized for three days with broken ribs and numerous bruises and cuts. The police officer that came to the hospital to investigate the fight told me that, as a Police Academy student, I was an embarrassment to the Police Force and the communist regime. He said my place was in jail, not in the hospital. Consequently, no investigation took place and the individuals responsible for my attack were not apprehended.

After this incident, I decided to go to the High Commanding Officer and make an official complaint about my colleagues. However, much to my dismay, the High Commanding Officer did not even want to hear about the incident and suggested that it would be better if I left the Police Academy because homosexuality is not tolerated by police officers and society in general. He too said that I was an embarrassment to the Police Academy.

A couple of weeks later, Anton approached me again with another two colleagues and told me that they knew that I had complained about them to the High Commanding Officer. Anton brandished a knife and threatened me, warning me that if I did not leave the Police Academy immediately I might disappear and nobody would ever investigate my disappearance. I was very scared and I had nobody to turn for help. I knew that my fellow officers and the police force would not help me. Following this threat, I decided that it would be best for me to leave the Police Academy as my life was clearly in danger.

I did not want to disappoint my parents and tell them about my problems, so I just told them that I had decided that I did not want to be a Police Officer any longer. I wanted to forget everything that had happened to me and start a new life. I eventually left the Academy but remained in Chisinau to find work. I felt somewhat relieved that this nightmare was finally over; however, it was very hard for me to find work except part-time construction work which allowed me to pay for my rent and food. I did not want to make any close friends as I was afraid that they would find out about my homosexuality, which could incite harassment.

While I was training at the gym, I asked a young man to help me with weights as a spotter. He accepted and afterwards he asked me to help him. As we talked, I became attracted to him. His name was Ivan and he was a salesperson at the market. We had many common interests, such working out at the gym, and shared music tastes. For the next six weeks, once or twice a week, we trained together

and became very well acquainted. I started to like him more and more, and I thought that he like me too; however, I refrained from disclosing this due to my past experiences.

After working out at the gym one evening, I invited Ivan back to my place for a drink. We were having a good time talking. He told me that he enjoyed my company and that our friendship was going to last for a long time. At one point he moved closer to me and kissed my lips. I hugged him and told him how much I liked him, and that he was a very special person in my life. This was the first time in my life that I could share my feelings openly with someone. I felt like the happiest person in the world. I had finally found someone who I loved, and who loved me in return. We started to go out in public together discretely. We developed a loving relationship, but kept it discrete to avoid problems from others.

A few months later, Ivan told me that his parents returned from Italy and he was very concerned about our relationship. He did not want his parents to know about us so we started to see each other less often. One evening,I received a phone call from Ivan's parents threatening me not to approach their son anymore or else they would kill me. I don't know how they found out but I suspect that someone saw us together and notified them about us. Ivan was very frightened after I told him about this call from his father; however, we met a few more times before I received a few more threatening calls from his father. At this point, Ivan told me to be very careful because his father has relatives in the Police Department. Ivan also told me that his father beat him and told him to never see me again. His father threatened to kill Ivan if he ever shamed his family this way again. Ivan was understandably veryafraid to meet me and I didn't know what to do.

One evening when I was returning to my apartment from the gym, two police officers approached me and asked if I was Yuri Bolsveick, to which I replied yes. The officers demanded that I gowith them to the station. When I asked for what reason, they retorted that I had a "big mouth" andfirmly repeated that I must go with them. I tried to ask one more time why but I was punched in the face by one of the officers while the other handcuffed me and pushed me into the police car. Instead of driving to the police station, I was taken to the woods on the outskirts of the city. These officers were about 30-31 years of age, one of them was about 182 cm and the other was 175 cm. One of the officers took out his gun and told me to open my mouth. He stuffed the barrel of the gun in my mouth and threatened to pull the trigger. Both of the officers began beating me while calling me terrible names. When they finished their pummeling, one of the officers told me that I must disappear and that this was their last warning. I was told that I should forget about Ivan and that if they ever saw me again, it might be the last time I would be seen alive. The two officers left me in the woods and I was forced to find my own way back to the city.

I was very confused and frightened by these events. My life was in constant danger-I had no hope of ever reaching any kind of personal fulfillment. My society did not accept me. I was unable to be myself or spend time with someone I loved as my life was in constant danger. I realized that living in Moldova was no longer an option for me.

I was not able to tell anyone about my situation, particularly since I had been a student of the Police Academy and was known to many police officers. I also lived in constant fear that my parents would discover my homosexuality and I would be a terrible disappointment to them. They loved me so very much and I did not want to put this source of shame at their door. I didn't have any choice to leavethis country in order to save my life. It took me awhile to get a false passport in order to leave Moldova to come to Canada. Three days ago, I left Moldova and arrived in Canada yesterday on a fraudulent Israeli passport which was taken by the officer at the airport when I made a refugee claim on the basis of my sexual orientation.