CLASP (Community and Legal Aid Services Programme)

CLASP (Community and Legal Aid Services Programme) Follow us on Twitter: https://twitter.com/ #!/claspclinic Please note that this account is not regularly monitored.

Founded in 1969, the Community & Legal Aid Services Programme (CLASP) is the oldest student legal clinic serving low-income Toronto residents and York University students. CLASP specializes in Administrative Law, Criminal law, and immigration law and helps individuals with other legal matters by providing referrals or summary advice. CLASP is staffed with experienced lawyers who supervise Osgoode

Hall Law Students who perform legal research, manage client files and represent clients in tribunal hearings, at the Ontario Court of Justice, and Small Claims Court. CLASP also works with various community partners to facilitate discussions and to educate the public on legal issues. Past community initiatives have included:

- Partnering with the Ontario Law Union after the G20 Summit to provide information about filing Police Complaints to individuals arrested at the Summit but not charged.
- Partnering with local service providers in the jane finch community to collect evidence and write a report to help bring accountability to temporary employment Agencies in Jane-Finch that violate workers’ rights
- Operating at various satellite locations in the community, including Metro-North Courthouse, Rexdale Community Legal Services, and Yorkgate Mall. With the support of Osgoode student volunteers and our community partners, CLASP helps hundreds of people every year through our casework, community work and outreach. To find out how we can help, please call us at (416) 736-5029 or visit our website: www.osgoode.yorku.ca/clasp

CLASP is hiring for 2 positions! We are looking for a lawyer in Administrative Law and lawyer in Criminal Law. Further i...
04/06/2022

CLASP is hiring for 2 positions! We are looking for a lawyer in Administrative Law and lawyer in Criminal Law. Further info can be found the poster below. Interested candidates should apply through the YUhire Portal

Immigration options and resources for Ukrainian Nationals
03/16/2022

Immigration options and resources for Ukrainian Nationals

04/08/2021

Please note that our intake is closed from April 5 to May 24 as we welcome and train our new summer students. We look forward to re-opening our phone lines on May 25

01/29/2021

Eviction enforcement Pause Offers Inadequate Protection for Renters
On January 14, 2021, the Ontario government decided to pause the enforcement of residential evictions while the provincial declaration of emergency is in effect. The state of emergency and stay-at home order was first declared in January 12 and have been extended to at least February 9.
The halt applies to just enforcement, not application of eviction. The Landlord and Tenant Board (LTB) are able to continue hearing eviction cases and issuing eviction orders. When the state of emergency is in place, new eviction orders and orders that have been issued before the declaration but not enforced will be subject to the halt.
Enforcement of eviction orders will resume as soon as the state of emergency/stay-at home order ends. While a landlord can apply to evict tenants without being able to give effect to the order if the landlord is successful, this will not be the case as soon as the stay-at home order is lifted, and that can be as soon as early February 2021.
Compared with the uncertainty residential tenants are facing, commercial tenants have gained the peace of mind: A eviction moratorium on commercial evictions have been extended until April 2022 by the provincial government by way of the provincial budget bill that became law in December 8, 2020. The moratorium was issued quietly. Any business that has been approved to receive the federally run Canada Emergency Rent Subsidy (CERS) will get the benefit of the moratorium.
To put this into perspective, any business subject to the Income Tax Act are likely to be eligible and it does not have to experience a certain percentage or amount of revenue drop to be eligible for CERS. An analogous policy in the residential tenancy context would be this: the federal government provides rent subsidy for any rent-paying individual who experienced a shortfall of income and the provincial government ordered that any renter that receives rent subsidy will cannot be evicted until April 2022. Does this sound more than impossible? Well, the Canadian government offered businesses no less quietly and generously.
It is the juxtaposition of how the Canadian government treats residential tenants and commercial tenants that shows how grossly inadequate the protection is for the renters. Some would argue that keeping the business going is essential for preventing an economic crisis and that is why the commercial eviction moratorium is so important.
Helping businesses survive is no doubt important. But who the government is truly helping? The answer is commercial landlords. Is it really a good idea to spend federal money on keeping commercial tenants in their current premise, where most of the space has been unused and may stay this way because of the business model shift since COVID-19?
The reality is bleak: While individuals may be required to work from home, they risk losing their home workspace once the state of emergency is over. Their employer, on the other hand, could be sitting on empty space paid by the federal government and free from the threat of eviction until April 2022.
(Baiqing - Administrative Division)

01/29/2021

The Government of Ontario declared its second state of emergency for the COVID-19 pandemic on January 12, 2021 with a stay-at-home order coming into effect on January 14. Under this order, anyone who can work from home should do so, but essential services continue to operate. While we tend to think of frontline workers as the doctors and nurses in hospitals and care homes, battling the virus head-on, we cannot forget our grocery store workers, food service employees, delivery people and more who put their lives at risk every day for minimum wage or less.
Sadly, these are precisely the people that Premier Doug Ford’s government has forgotten in this new state of emergency. While the coronavirus rages on with over 3000 new infections per day in Ontario alone, this government has failed to institute sufficient protections for our essential workers. In 2017, the Liberal government under former Premier Kathleen Wynne passed Bill 148, which amended the Employment Standards Act to require that employers provide 10 emergency leave days for their employees, of which at least two must be paid. When the Ford government took over in 2018, they enacted Bill 47, which repealed paid sick days and reduced the total emergency leave from 10 days to eight. Of those eight days, only three are allocated for personal illness, and employers may request proof of illness from their employees.
Prior to the pandemic, many of us would go into work even if we were feeling a little under the weather. A cough here, a sniffle there—no big deal, there’s work to do. The pressure to attend work despite an illness is even greater for low income workers who depend on one or more jobs to meet their basic needs. Today, the stakes are much higher. We have a virulent disease sweeping the globe with little protection available. Essential workers outside of health care are not to be vaccinated until at least phase 2 of Ontario’s vaccine rollout, which is not expected until March 2021 at the earliest. Without paid sick days, essential workers struggling to make ends meet will need to make the tough decision to forego pay or put their co-workers and customers at risk.
The federal government has instituted the Canada Recovery Sickness Benefit (CRSB), which provides $450 after tax for one week of illness or self-isolation. Individuals can apply for an additional week of benefits, but one may only receive a maximum of two weeks’ coverage between September 27, 2020 and September 25, 2021. If workers are exposed or infected more than once during that period, they will not be eligible for further benefits under the CRSB. Processing time can take anywhere between three business days to over four weeks.
Premier Ford believes the CRSB is enough to protect low-wage workers. It’s not enough. COVID-19 has revealed the tenuousness of our economic security and public health. Ontario must reinstitute paid sick days without proof, or we will never see the light at the end of the pandemic.
(Shae-Lynn - Immigration Division)

12/14/2020

KPMG-CLASP Tax Clinic Information Session

Monday, January 11, 2021
10:00 a.m. to 11:00 a.m

Register here:

12/04/2020

On Tuesday, October 20th, Justice Robert Kelly rendered the long-awaited verdict of Constable Daniel Montsion, who was charged with manslaughter, aggravated assault and assault with a weapon following the fatal arrest of Abdirahman Abdi. Mr. Abdi was an unarmed, Black, man, who struggled with mental health issues. In the moments leading up to the violent arrest on July 24th 2016, Const. Montsion arrived on the scene equipped with special gloves that were described as “brass knuckles” and, issued to him by Ottawa’s anti-gang unit. Video footage captured Const. Montsion delivering multiple blows to Mr. Abdi’s head and face with the reinforced knuckles. During this fatal altercation, Mr. Abdi was also pepper sprayed, hit with a baton and kicked repeatedly.

At trial, a pathologist report revealed that Mr. Abdi’s death was caused by a heart attack, as his heart suffered from severe blockages. However, Mr. Abdi sustained many injuries to both his head and face, the most significant being facial fractures around his nose. The court wrestled with many issues: (1) whether Const. Montsion’s blows were a significant contribution to Mr. Abdi’s heart attack; (2) whether Const. Montsion’s blows caused the fractures and; (3) whether Const. Montsion’s special gloves constituted a “weapon”. In rendering his verdict, Justice Kelly concluded that the Crown had not discharged its onus of proof and said, “in the end, I am left with a reasonable doubt on each of the three main issues.”

The recent and widespread demonstrations against police brutality and anti-Black racism across North America served as a backdrop to Const. Montsion’s acquittal. The Ottawa community and communities all across Ontario were devastated by the justice system’s blatant failure to serve its fundamental purpose, to administer justice.

The harsh reality is that our justice system is inherently incapable of administering meaningful justice for historically disadvantaged groups (i.e.: Indigenous and Black communities) because it does not account for racial biases, systemic discrimination or social inequalities. Absent in Justice Kelly’s verdict was a consideration of the underlying systemic factors that contribute to the disproportionate violence inflicted on Black communities by law enforcement throughout the province.

Our criminal justice system ultimately functions to answer one question: “Did the accused commit the alleged offence(s) beyond a reasonable doubt?”. This rudimentary question is answered by applying the system’s established laws, policies and practices, which are intimately connected to Canada’s legacy of colonialism and slavery, to the case before the court. In other words, Mr. Abdi’s death is a part of a historical pattern of systemic injustices that continues today.

The verdict of Const. Montsion amplified the need for broad legislative reforms that meaningfully addresses the systemic discrimination that permeates our criminal justice system, and fuels the injustices faced by racialized communities. As stated by Farhia Ahmed, the outgoing chair of the Justice For Abdirahman Coalition, ““without a complete over-haul of this current so called justice system, a wound as deep as this is impossible to repair.”

(Najma A - Criminal Law Division)

12/04/2020

On Tuesday, October 20th, Justice Robert Kelly rendered the long-awaited verdict of Constable Daniel Montsion, who was charged with manslaughter, aggravated assault and assault with a weapon following the fatal arrest of Abdirahman Abdi. Mr. Abdi was an unarmed, Black, man, who struggled with mental health issues. In the moments leading up to the violent arrest on July 24th 2016, Const. Montsion arrived on the scene equipped with special gloves that were described as “brass knuckles” and, issued to him by Ottawa’s anti-gang unit. Video footage captured Const. Montsion delivering multiple blows to Mr. Abdi’s head and face with the reinforced knuckles. During this fatal altercation, Mr. Abdi was also pepper sprayed, hit with a baton and kicked repeatedly.

At trial, a pathologist report revealed that Mr. Abdi’s death was caused by a heart attack, as his heart suffered from severe blockages. However, Mr. Abdi sustained many injuries to both his head and face, the most significant being facial fractures around his nose. The court wrestled with many issues: (1) whether Const. Montsion’s blows were a significant contribution to Mr. Abdi’s heart attack; (2) whether Const. Montsion’s blows caused the fractures and; (3) whether Const. Montsion’s special gloves constituted a “weapon”. In rendering his verdict, Justice Kelly concluded that the Crown had not discharged its onus of proof and said, “in the end, I am left with a reasonable doubt on each of the three main issues.”

The recent and widespread demonstrations against police brutality and anti-Black racism across North America served as a backdrop to Const. Montsion’s acquittal. The Ottawa community and communities all across Ontario were devastated by the justice system’s blatant failure to serve its fundamental purpose, to administer justice.

The harsh reality is that our justice system is inherently incapable of administering meaningful justice for historically disadvantaged groups (i.e.: Indigenous and Black communities) because it does not account for racial biases, systemic discrimination or social inequalities. Absent in Justice Kelly’s verdict was a consideration of the underlying systemic factors that contribute to the disproportionate violence inflicted on Black communities by law enforcement throughout the province.

Our criminal justice system ultimately functions to answer one question: “Did the accused commit the alleged offence(s) beyond a reasonable doubt?”. This rudimentary question is answered by applying the system’s established laws, policies and practices, which are intimately connected to Canada’s legacy of colonialism and slavery, to the case before the court. In other words, Mr. Abdi’s death is a part of a historical pattern of systemic injustices that continues today.

The verdict of Const. Montsion amplified the need for broad legislative reforms that meaningfully addresses the systemic discrimination that permeates our criminal justice system, and fuels the injustices faced by racialized communities. As stated by Farhia Ahmed, the outgoing chair of the Justice For Abdirahman Coalition, ““without a complete over-haul of this current so called justice system, a wound as deep as this is impossible to repair.”

-(Najma A. - Criminal Law Division)

11/24/2020

Housing Justice for Low-Income Residents in Jane-Finch

Address

4700 Keele St
Toronto, ON
M3J 1P3

Opening Hours

Monday 9:30am - 5:30pm
Tuesday 9:30am - 5:30pm
Wednesday 9:30am - 12:30pm
Thursday 9:30am - 5:30pm
Friday 9:30am - 1:30pm

Telephone

+14167365029

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