Question
Pickany two of the Five Clients and provide a submission of supporting evidence for their hearings. Provide separate submissions for each of the two clients.
Pickanytwoof the Five Clients and provide a submission of supporting evidence for their hearings. Provide separate submissions for each of the two clients. All submissionsmustbe mailed to the RPD and must include:
- A cover or submission letter listing the various RPD rules you will be complying with in making this submission. Do not simply list the rules, you must include an explanation with each rule you are listing that demonstrates how your submission will be complying with the requirements of the rule you have chosen to list. Any RPD rule listed without an explanation will not be considered and your assignment will be graded accordingly.Submit the letter in Word format.
- Listof claimant's documents(Form RPD.12.08)which lists the evidence being provided to support the hearing.Submit the form in PDF.
- Examples of the evidence you are providing to support the claim. Typically, this includes the results of the research you have conducted on behalf of your client. Evidence may include information on the client's country conditions and any supporting documents that your clients have been able to acquire such as medical and police recordsif available(do not include items that would have already been sent in). For the purpose of this assignment, you can use your imagination to fill in certain gaps as long as you do not change the client narrative. Please remember the evidence must address the key legal issues in these types of claims that were previously addressed in Assignment 3.2 depending on whether your client is making a claim under section A96 or under section A97.
The two client scenarios are: Client 1: My name is Elena George and I am from Baja, Hungary. I am
30 years old. My ex-husband is Pavel Dvorak, who was working as a
warehouseman at the time of our marriage. Prior to getting married,
we lived together for one year and we decided that marriage would be a good idea. Together we
conceived a daughter, who is now seven years old. The marriage, at first, seemed perfect.
By the time my daughter turned one, my husband decided to change his job to better support
our family. He successfully changed careers and became a police officer. However, his personality also
changed. He began to behave differently toward my daughter and myself. He thought he could behave
in an oppressive manner with his family, in the same way as he did with criminals. He became dominant,
abusive, and belligerent. He would bring his authoritarian work attitude back home, unleashing his
aggressive sentiment toward my daughter and me. He was verbally abusive, always arguing, and
constantly threatened us with physical abuse. The situation became unbearable, so I moved out with my
daughter.
Despite moving away, Pavel found us and threatened me with divorce if we did not move back
with him. Fearing for our safety, I chose divorce. The divorce was resolved under fairly normal
circumstances. Following the divorce, I thought the abuse was over, but the worst was yet to come.
As soon as we left the courtroom, Pavel started intimidating me saying that he would destroy
my life and would take my child away from me by any means possible. By this time, I was very afraid of
him. He put so much pressure on me that I had a nervous breakdown and required hospital treatment.
This ordeal was very hard for me, as my daughter and I had no support from anyone else. I knew I could
not simply give up because my daughter's life and well-being was at risk.
About two months after our divorce, Pavel approached me claiming he still loved me. He
wanted to reconcile his wrongdoings by being a better husband and father. However, when he realized I
was not interested, he slapped me many times which caused me to faint. Pavel put some water on my
face and left me unconscious on the ground.
I tried to start a new life and find another companion, but Pavel threatened every prospective
companion. Pavel swore that he would not let anyone else live with me. One evening he followed my
boyfriend and me down the street. Pavel approached my boyfriend and threatened to throw him in jail
and make his life difficult if he continued to see me. He continued to threaten my boyfriend on different
occasions, often following him with a police patrol car. These acts of intimidation frightened my
boyfriend, causing him to break up with me. My boyfriend confessed that he did not want to get
involved in any trouble and that he feared for his own safety. We had no choice but to break up. Similar
cases happened when I tried to develop relationships with other men. Pavel would not let me bond with
any other man.
Despite many attempts to rebuild my life, I realized that I would not be able to do so in this
climate of intimidation. It was around this time that Pavel's attitude began to change for the better. He
pleaded that he would never behave abusively anymore and that he had realized his wrongdoings. He
begged me to give him another chance at being a good husband and father. Eventually, I decided to give
him another chance. I knew that my daughter really needed a father-figure and I hoped that Pavel could
help fill that void as he was her biological father.
One year after the divorce, Pavel moved back in with my daughter and me. This arrangement
lasted for four months, but the ordeal affected my daughter and me in a very destructive way.
Unfortunately, Pavel's behavior continued to be very abusive despite his promises. My daughter and I
were both on the brink of a nervous breakdown. I had to take my daughter to counseling as she was so
traumatized by the constant abuse. She was confused and disturbed by her oppressive domestic
environment. Even my daughter's school teacher realized that there was something wrong with my
daughter, pointing to the learning difficulties induced by her stress. It was obvious that Pavel's
behaviour had a very damaging effect on her mental health. Eventually, I suffered a mental breakdown
as I could not bear the constant abuse. I had to seek counseling myself and I was admitted for three
weeks into a mental hospital. Even after my release, I still had to take strong sedatives.
While Pavel was living with us, he would always come home drunk in the morning. I was to find
out later that he also dated other women. I had tried to make the relationship work, but Pavel and I
couldn't come to terms on anything. He would become very abusive if we ever argued. I finally managed
to evict him from the apartment; however, the harassment did not stop there. He continued to harass
me by following me, or intervening if anyone tried talking to me in public. He would try to humiliate me
in front of my friends and even strangers. It became obvious that his goal was to make my life
unbearable.
One day my daughter and I received an invitation from Pavel's grandmother to visit her in the
nearby village of Gara. To our surprise, Pavel arrived half an hour after we arrived at her place. He
started yelling and screaming, and dragged my daughter and me out of the house where he began
beating us in the street. His grandmother tried to stop him, but she was unsuccessful. After the beating,
he left us in the street. My daughter and I had to hitchhike back home. It was evident that Pavel wanted
to isolate us from his family and from all the people who loved us. He wanted to isolate us from others.
On many occasions, he would intimidate my friends to a point where many of them were unwilling to
talk to me in public. My friends were afraid of Pavel and would only contact me in secret so that he
would not find out. If my friends and I were out in public and Pavel appeared, nobody would dare talk or
sit next to me. My friends did not want any conflicts with him, especially since he had the authority of a
police officer.
I eventually realized that I would not be able to live freely with Pavel's constant shadow of
intimidation. Due to his harassment, I could not make friends, meet new companions, or raise my
daughter in a healthy environment. I needed to find another way to live. I began to consider moving far
away in order to escape Pavel's constant oppression. This is the reason why I took the opportunity to
visit one of my friends in Toronto. I wanted to become familiar with the city, the country, and the
people. I had visited her once before, and I really enjoyed the whole experience. By my second visit, I
could picture myself living in Toronto in peace, free from harassment.
On my third visit, I arrived to Toronto with my daughter to expose her to this vibrant new
environment. Everything was new for her: the language, the people, even the climate. However, my
daughter accepted these changes because she felt safe from her father Pavel. After seeing my daughter
blossom intellectually and spiritually, I now wish to make an inland refugee claim to stay in Canada.
The fact that Pavel is so far away makes us both feel relieved and secure. My daughter is much
more relaxed this year ever since we have been living in Canada. Everyone who knew us before can
notice the difference. She is crying much less, she does not have nightmares, and she is not afraid
anymore. She has met many new friends while living in Toronto and this has given her a sense of
security and self-confidence. I can see that she does not miss her father at all.
Pavel is still threatening us over the phone, he threatens me saying that he will take my
daughter away and even kill me if I return to Hungary. I am terrified of him because he has a gun. I know
him very well, and I know he is capable of acting on his threats. He has consistently abused his authority
as a policeman and there is a lack of protection for abused women in Hungary. When I lived in Hungary,
I was on tranquilizers all the time. Now that I am in Canada, I do not need any medication, although I
needed a lot of transitioning time to get to this stage. I know that I can provide a better future for my
child in Canada. My main goal is to provide a peaceful upbringing for her physical and mental
development. I am asking for your help to achieve all this.
Clent 2 Scenario: My name is Marisa Hinds and I am from
Guyana. I am 33 years old. Due to a worsening law and
order situation in Guyana, my family went to New
York City, US, hoping that the situation in Guyana
would improve. We reluctantly left for the US, as our
business kept us very busy and we led a very comfortable life, economically speaking. We
returned to Guyana a few months later to continue our business running a local bar, which is
located below our home. This was a very prosperous business. My husband, Paul Hinds, and I
also wanted our children to return to school in Guyana.
My husband would escort our children back and forth to school each day, for fear of a
kidnapping. Children of business people were being kidnapped for the purpose of extortion - a
very common practice in Guyana at the time. Ashley, our eldest child, had special lessons and
was escorted by my husband to each lesson. We have three young daughters, aged 11, 8, and 7.
One evening, at around 8:15pm, Ashley entered our bar to read something to her
father. He felt that the environment in the bar was not safe and warned her about entering, as
he feared a kidnapping. Consequently, he told her to return upstairs to our domicile, but before
she could leave, several armed men entered the bar bearing large guns. My husband
immediately grabbed our daughter and myself, shoving us underneath the counter. The
intruders began shooting, spraying bullets for approximately twenty minutes all over the house
and bar. They tried to lure us out from under the bar. Some of the customers tried to escape
and were shot in the foot or otherwise injured. Our other three children appeared from
upstairs. My husband promptly pushed them underneath the counter as well. The men shot
open the grill door that protected the bar and the smallest gunman was able to grab our third
daughter. He put a gun to her head and threatened to shoot. My husband pleaded for him not
to shoot as he was going to open the door to admit all of them into the bar. As soon as my
husband opened the door, two men grabbed me and began to pull me by the hair. They
grabbed the cash and the men started running out, still pulling me along by the hair.
I did not know what happened to my husband and children after that because they
dragged me upstairs to our living quarters by my hair. They pushed the doors open and kept
yelling at me demanding to know who else lived here. I explained that it was only my husband,
my children and me, but they kept yelling "where are the boys?". By this I presumed they
meant my two brothers who ran a business next door as a wholesale liquor and beverage store.
My husband was soon dragged upstairs, and was in visible pain. He had been clubbed in the
back several times. Once both of us were upstairs in our bedroom, the assailants pushed us to
life face-down on the floor.
My husband and I were captives of these men. I feared for the safety of my children as
they were downstairs while my husband and I were upstairs. At least four men were holding
the children in the bar area downstairs. I would estimate that there were about seven or eight
men in the house at the time and many more were outside. The assailants in our bedroom shot
open a jewelry box and stole all of our jewelry. They demanded to know where all our money
was hidden, and I was forced to escort them around the house showing them where we kept
our money. After showing them where the money was located, I was again pushed back on the
bedroom floor next to my husband. The men had taken all they needed and decided to leave.
As the men were running out of the house, one came back into the room and fired a
shot at my husband. I forced my head down in fear. I knew my husband had been shot but I did
not realize how serious his injuries were at the time. I thought the man would shoot me next,
but he fled the scene. I immediately forced myself up and saw my husband lying motionless in a
pool of blood. I was absolutely terrified. I grabbed my husband's body and saw his eyes rolling
back in his head. I realized that he was likely going to die. My attention immediately shifted to
the children. The area was now quiet so I began to creep out of the room silently. I found the
children still huddled under the counter, with Ashley lying on the outer side forming a
protective shield around the younger children. I cautiously crept over to the children and told
them that their father had been shot. The children went upstairs and began hollering for help
out the window. I too began calling for help from the neighbours, but I soon realized that the
bandits were still in close proximity. The bandits were still in the neighbourhood and they
began shooting again. A stray bullet nearly hit Ashley through the upstairs window.
After things settled down, my brother and I took my husband to the hospital, as there
were no local ambulances in our town at the time. My mother and my other brother took the
children to the hospital, although they were not physically hurt. Our entire family was
paralyzed with fear. When we returned home, the police were in the house and they took our
statements. The police informed us that they would return the next day for fingerprints. A post
mortem determined the cause of death of my husband, but no further action was taken. Six
days after the shooting, I came to Canada with my three daughters.
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