March 6, 1992 Other Feature the Other Press Family Broken up by Immigration Canada: Canada’s Immigration Laws Discriminatory by Matthew Martin A lesbian couple fighting to keep their family together has been given temporary hope. A lastminute permit signed on Monday by immi- gration minister Bernard Valcourt will allow a British woman and her child toremain in Canada while they fight deportation. About two and a half weeks ago, Andrea Underwood, who has applied to sponsor Anna Carrottand her two children in their attempt to become Canadian citizens, filed a statement of claim™in federal court stating she was being discriminated against on the basis of sexual orienta- tion and family status. She contends the immigration act violates the Ca- nadian Charter of Rights and Freedoms. UnderwoodandCarrotthave been partners for the last eight years and share joint custody of the two children, Amy and Odin. Odin has Community support prevents deportation by Matthew Martin Community supporthas been vital in keeping a Yukon family from being broken up by immigration laws. Anne Carrott and Andrea Underwoodare fighting to keep their family in Canada by challenging the immigration act on the grounds that itdiscriminatesagainst them because they are a same sex couple. Underwood is trying to sponsor her partner and children in their attempt to become landed immigratns. "The RCMP, the newspa- pers, the school princi- pal, the pre- mier of the Yu- kon, everyone suppo Marcel Laflamme, Carrott’s lawyer, said, “It’s my belief that by having all the su that the com- munity provided and because of the national letter campaign, the minis- ter moved on the minister’s permit. It’s not right to split the family based on sexual orientation. The RCMP, the newspapers, the school princi- pal, the premier of the Yukon, every- one su them.” A group of 36 UBC law proffessors sent an open letter to immigration minister Bernard Valcourtcriticizing thedepartment’s actions. The letter read: “We consider the actions of your department to be contrary to the Charter of Rights and Freedoms and radically insensitive to individual and family values. In March, 1986, your government sate. toend discriminationagainst bians and gays in Canadian law. Please live up to that promise.” already left Canada to continue his education in Britain. Underwood's application was rejected by the Immigration De- partment in Whitehorse. Department of Immigration spokesperson Allan Chisholm said, “The Immigration Act currently reads that in order for a spouse to sponsor their spouse, that spouse has to be of a different sex, and they have to be married.” Helen Fallding, a member of the Lesbian Issues Committee of the Yukon Status of Women Council, said the act is inconsistent with gov- ernment promisses. “If they were a heterosexual couple, it would be automatic, but because they’ re not, immigration re- fused theapplication,” Fallding said. “In 1985, the federal govern- ment promised to take “whatever measures necessary to prohibit dis- crimination based on sexual orienta- tioninallareas of federal jurisdiction.’ Bud Kanke, CA: President, Kanke Seafood Restaurant Ltd. Notonly have they not done this, but they havecontinued to actively chal- lenge our rights in court,” she said. Fallding said Underwood’s claim isa family issue. “You can’trip a family apart and ship them out to another country, it’s not fair,” she said. Carrott’s and Amy’s visitor visas were to run out March 2. Be- cause of this they applied for minis- ter’s permits, which would allow them toremain in Canada until their case had been heard in court, pre- venting further fragmentation of the family. The family was greatly re- lieved a minister’s permit has been issued. “It’s fantastic, thereisn’tadry eye in the whole place. We're over the first hurdle. One of the fears was that we would havehad tohavedone it separated.” Carrott, Amy and Odin, who are British citizens and came to Canada with Underwood, who is a OU rea ciclticc naples ee) m rN eRe lino. hie lesson in risk management. Not so for Bud Kanke. In 1971, with a $900 savings balance, Bud and several partners gave Vancouver diners the city’s first upmarket seafood experience. The Cannery. Mulvaney’ of Southern spice ollowed in 1975. Seafood with a dash . Viva in 1979. A classic supper club. In 1984, The Ninth Ave. Fishmarket. Then Joe Fortes, in 1985. Seafood downtown style. The menu grows. And now Kanke Seafood Restau- rant Ltd., with some 300 employees, reels in annual sales of nearly $10 million. Along the way, Bud Kanke has earned the deserved reputation of a man with the skills a his Ch Canadian citizen, on visitor visas. They came to see Canada, and while in the Yukon, they fell in love with the territory and were presented with a business opportunity. While Underwood and Carrott negotiated the purchase of a lodge on the Alaska highway, Underwood applied to sponsor Carrott and her two children for landed immigrant status. Since then, Carrott’s children have been told not to attend school by the Department of Immigration, and her son, Odin, had to leave the country to continue his education. Bob Beresh, the manager of the Immigration Department in Whitehorse, told Carrott thatshe had to withdraw herchildrenfrom school onthe 13 of January because they did not have the proper visas despite the Yukon Territorial government's in- sistence that they should be allowed to attend school. Thesuperintendantofschools in the Yukon, Fred Smith said “we have had a legal opinion that since they were here, they could be al- lowed to attend school on an interim basis.” In December of 1991, the United Nations passed a convention that guarantees certain basicrights of allchildrenin the world,oneof which is education. Canada was one of 40 countries that signed theconvention. Carrott’s lawyer, also sought alegal opinion from the Department of Justice. In their opinion, Carrott’s children should have been allowed to attend school. The Yukon government told Carrott her daughter has the right to go to school, regardless of national background. Under the minister’s permit Amy will now be allowed to attend school again. to transform the most modest opportunities into prize catches. He credits his CA for providing him the base to develop his entrepreneurial strengths. “It gives me disci- pline . . . going by instinct is one thing, but there’s merit in managing with good, sound numbers’ Bud Kanke. CA with a string of seafood restaurant 10 @l Glo sl If you think a future in chartered accountancy would serve your career ambitions, write the Institute of Chartered Accountants of B.C. Our standards are higher. Institute of Chartered Accountants of British Columbia 1133 Melville Street, Vancouver, B.C. V6E 4E5 Telephone: (604) 681-3264 Toll-free 1-800-663-2677 Bud Kanke's CA Iped him acquire taste in seafood.