Instructions:

Using the template below, provide a written submission from theAFFIDAVIT OF MARYSE SOPHIE TROUILLOT, who is applying for PR under H&C grounds. For this assignment, use only one H&C factor, which is the client's establishment in Canada.

1. Carefully review your client's affidavit and the following materials:
   • IRPAs 25(1)
   • Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61
   • Baker v Canada (Citizenship and Immigration), 1999 CanLII 699, [1999] 2 SCR 817(SCC)
2. To help orient you to the law, review information relevant to H&C applications and the assessment of H&C factors found insecondary sources, such as your textbook and course materials.
3. Identify and carefully review the government policy related to the specific H&C factor that you will argue.
4. Locate and read the following case: 2022 FC 340. Plan to cite this case in your argument.
5. Note up 2022 FC 340. Filter to court cases decided in the past two years. From your results, select what you believe is the best case and use it in support of your argument (together with the original case).
6. Use click-path notation to create a precise record of the steps by which you located this second case, including the initial note-up described in step 5. Your click path should be detailed enough that another researcher could replicate exactly what you did, and obtain exactly the same results.
7. Use what you have found - legislation, case law and policy - to carefully reason through your client's case. Think about how the law and policy supports a decision that is favourable to your client.

Draft your written submission

1. Usingthe Template below your assignment and the headings identified there, draft a written submission that adheres to the CREAC format, based onyour client's facts as set out in their affidavit, and on the following legal authorities:
   • the relevant legislation
   • the relevant IRCC policy
   • the leading case law on H&C considerations
   • the two cases from steps 4 and 5 in the Instructions. Do not do any further research.

Correctly cite each of these legal authorities in your submission.

2. Your submission will be in the form of a letter. Use the headings provided in the Template to organize your submission.

3. Include an Appendix to your submission. It should have two headings:

• • "Search Record": Paste your click path notation from Step 6 above to provide a record of the way you found your second case.
  • "List of Enclosures": List the evidence you would obtain and submit in support of your argument. Your evidence should support any facts that you assert to be true and rely on in your submission. A complete appendix would also include the relevantIRCC document checklist, and the documents identified on it, for the particular kind of application you are submitting.

USE THIS TEMPLATE TO WRITE YOUR SUBMISSION:

Template for ICL810 Final LRW Assignment

Note: This template provides a sample framework for organizing written submissions. There are many ways to organize and structure a written submission. For this assignment, use the headings set out below. When you are ready to draft your submission, simply delete this note and the [explanatory text] found under each heading. When that text is eliminated, this template consists of about 80 words, which are accounted for in the permitted word count for this assignment.

IRCC - Humanitarian Migration Office

300 - 800 Burrard Street

Vancouver, BC V6Z 0B6

Dear Sir/Madam:

Re: XXXXX Citizen of XXX

D.O.B: yyyymmdd

UCI: -----------------

Application No.: -----------------

Re: Application for Permanent Residence on Humanitarian and Compassionate

Grounds under subsection 25(1) of the Immigration and Refugee Protection Act and section 66 of the Immigration and Refugee Protection Regulations

Introduction

[State the purpose of your submission and what your client seeks. In doing so you will essentially be presenting the Conclusion you have reached through your case analysis (FILAC). Focus only on the single H&C factor identified in the instructions. Do not address other factors, even though they may exist.]

Background Information

[Offer a cogent overview of your client's situation. Humanize your client. Preview some of the facts relevant to the H&C factor you are addressing. Do not make up facts that are not found in the affidavit or scenario.]

Rule

[Introduce and quote or briefly paraphrase the legislation that governs this issue. Cite the law correctly.]

Explanation

[Use leading cases, government policy and other case law to explain how the legislation should be interpreted and applied in your client's case. Feel free to split this into more than one paragraph. Cite the law and policy correctly.]

Application/Analysis

[Show how the law applies to your client's facts. Explicitly connect the situations described in the relevant case law and policy to your client's facts.]

Closing and Conclusion

[Summarize your argument in a persuasive sentence or two and restate your conclusion, including the outcome you seek on behalf of your client.]

List of Enclosures

[Indicatethat you have included an appendix to this submission which contains a List of Enclosures identifying the evidence submitted in support of the client's application]

Appendix (not included in word count)

Search Record

[provide the click path notation for your search here - see Instructions]

List of Enclosures

[In additional to your client's affidavit, identify at least two types of documents you would include with your submission as evidence in support of your argument.A complete appendix would also include the IRCC document checklist for this type of application together with all the documents mentioned on it].

Here is the affidavit:

AFFIDAVIT OF MARYSE SOPHIE TROUILLOT

I, MARYSE SOPHIE TROUILLOT, born on April 25, 1959, in the commune of Jacmel, Haiti, mother-tongues French and Haitian Creole, and currently residing in the borough of Villeray in the City of Montral, Qubec, DO SOLEMNLY SWEAR TO THE FOLLOWING:

I was born on April 25, 1959, in the commune of Jacmel, to Haitian parents named Jean-Marie Trouillot and Madeline Toutsainte. I am a citizen of Haiti and no other country and do not have permanent status in any country other than Haiti.

I grew up in Jacmel along with my mother, my father, and six siblings. My parents are now deceased, and my siblings all live in Canada and the United States.

I have three sisters and one brother who live in Montreal and who are now Canadian citizens. I have two brothers who live in Tampa, Florida, and who currently have no legal status in the US. I have no family remaining in Haiti.

I have lived in Canada since I first arrived here in May of 2004 and the Greater Montral Area has been my home ever since. I have never lived in any country other than Canada and Haiti.

In February of 2004, there was a coup that removed Haiti's President Jean Bertrand Aristide from office. This came after many years of political turmoil. At that time, I made the decision to leave Haiti with my older sister, Patrice, and my two children - my son Boniface (Bony), then 11, and my daughter Ophelie, then 8. When my daughter was 2 years old, my husband was killed in a robbery while working in a depanneur in Jacmel. I never remarried.

We had three siblings who were already living in Montreal with their families. We decided to join them there.

Like many Haitians who fled after the coup, we had no papers. We travelled by boat to Florida. Our trip was arranged by human smugglers. We then travelled to Buffalo, New York.

While in Buffalo, we contacted an immigration consultant recommended by the smugglers who brought us there. The consultant provided us with false documents and told us what to say at the border. They gave us a story to tell where we said that we were wanted by rebels from the National revolutionary front for the liberation and reconstruction of Haiti. There were many Haitians fleeing to Canada at the same time, and we would speak together, and we knew that many people were being given similar stories. We were very frightened that we would be sent back to Haiti, where there was so much violence, and so we did what we were told.

When I entered Canada for the first time in May 2004, I regretfully followed the precise instructions given to me by the immigration consultant and lied about my reasons for claiming refugee status upon arrival at the Canadian border. I was terrified and confused and doing what I thought was best for my children. I was wrong and I am deeply sorry for my mistake.

My sister and I and my children were permitted to enter Canada to have our refugee claims heard because of our close family in Montreal. We settled in with them at first, eventually finding our own apartment in Villeray.

Our refugee claims were heard together in Montreal in July of 2005. Our claims were denied, because the Member did not believe our story. Our Legal Aid lawyer appealed to the Federal Court, but leave was denied. Our departure orders required us to leave Canada voluntarily in October of 2005. We did not leave. Our departure orders then became deportation orders. I was afraid of being sent back to Haiti at that time, and I decided to keep my head down and do nothing, hoping that I would not be noticed.

My sister Patrice died of cancer in 2015. My children are now grown and have both married Haitian Canadians. They became Canadian citizens. I am the only living member of my family in Canada who does not have Canadian citizenship. But I have done my best to be a productive member of Canadian society despite my lack of status.

I am in indefinite limbo in Canada. I cannot go back to Haiti - but I have no status in Canada. For this reason, I am asking that you exercise your compassion and grant me permanent residence status in Canada. I acknowledge that I made mistakes in my past. However, in addition to my fear, I have nothing and no one in Haiti. I have no life there.

My brothers in Tampa also have no status in the United States. They have little money, and they need to look after their own families. With no way to obtain status in the United States myself, I do not feel that I can go and live with them.

Even though I do not face immediate deportation to Haiti, I feel that my lack of status in Canada is preventing me from fulfilling my potential and fully giving back to Canada.

There have been some practical hardships associated with my lack of status, such as difficulty in some employment situations and with securing credit. I have had to forgo certain opportunities due to my irregular immigration status. For example, a few years ago, I wanted to start a small handicraft business, but I could not secure a loan to buy supplies.

Even more than these practical hardships, however, I am making an H&C application because I want to be here to help support and care for my family. I cannot return to Haiti; it would be devastating to be separated from my family here and potentially very dangerous for me in Haiti as a woman. I want to regularize my status in Canada so that there is no worry that I will not be here to be with my family.

In 2022, my son, his wife and I moved into a flat we purchased in Villeray, on Rue Fabre. On paper, my son and daughter-in-law are the owners, as my immigration status does not allow me to be a legal owner. I gave them most of my life savings to help with the down payment. I also help pay household bills through part-time cleaning work.

The flat was purchased for $322,000 (three hundred and twenty-two thousand) dollars and my son and daughter-in-law obtained a mortgage in her name from Scotiabank for the purchase. I paid over 1/3 of the down payment, a sum of about $5,500.

I am mainly responsible for the care and upkeep of our home, which includes doing the laundry, cleaning, and cooking. My daughter-in-law works full-time during the day as a teacher. They are hoping to start a family soon, and I want to be here to look after my future grandchildren.

My daughter lives with her husband nearby in a flat in Parc Extension. It is a 15-minute walk, and I visit her several times a week. My daughter works as a nurse.

My two sisters, Angeline and Judeline, and my brother, Franois, also live in Parc Extension with their adult children and grandchildren. We go to the same church, the glise de Dieu Centrale. We get together as a family and we see each other all the time.

Removing me to Haiti will put a tremendous amount of stress on the well- being of my family. My daughter-in-law works full-time as a teacher. They want to start a family, and I need to be here for them when they do.

I am currently employed as a part-time cleaner with Maison Menage. I have worked for them since about the summer of 2018. I have been there for a long-time, and I have several regular clients. I have positive working relationships with my colleagues and my clients, and I am grateful that our workplace is healthy and collaborative.

Beyond my part-time job and caregiving responsibilities, I am fortunate to have been able to invest in my community, and my social relationships in Canada. There are many charitable organizations that I volunteer for. For example, since 2010 I have volunteered for the Bureau de la communaut hatienne (BDCH) for their summer camp. At some community events around our city, I sit at the camp's table and talk to people about why the camp is a great opportunity for their children, and I pass out brochures. I help direct parents to the application forms, and I tell them about the bursaries we have so that even families who do not have much money can send their children.

I am also an artist. I make traditional beaded flags called Hatian Drapo. They are hand embroidered flags with glass beads and sequins. This art is very renowned in Jacmel, where I learned it from my grandfather. I teach this traditional art to the children at the BDCH camp every summer as a way of helping them know their culture and heritage.

I deeply enjoy participating in community-building projects and organizing social events for our community. It is a huge honour for me to be able to give back to my community. I have used my art as a platform to raise money for the BDCH camp and other charities too. It allows me to share a very important part of my life and at the same time benefit the people that I love.

I have been giving back to my community through my art in collaboration with the BDCH on other projects too. In the summer of 2020, for example, a friend asked me if I would donate one of my drapos to their fund-raising efforts at the glise de Dieu Centrale I agreed without hesitation. The proceeds from the sale of my drapo - $400.00 - went to fund the community food bank. I also make a drapo for BDCH every year at their summer fundraiser. It is auctioned off, along with handicrafts from other local artists. The proceeds help to fund the BDCH Options Program, which provides counselling for families and at-risk youth in the local Haitian community.

I go to the Haitian glise de Dieu Centrale several times a week. I teach Sunday school classes there in the winter. Just like at the summer camp, I make sure that the children in our community know their traditional stories, culture, arts, and can speak Creole with their elders.

I am very grateful for how vast and tight-knit my support network in Canada is, as I have very reciprocal and intimate relationships with many of them. For example, two of my best friends from our church, Simone Baptiste and Lovelie tienne, I consider to be like my own sisters. I have known each of them for more than 19 years and I am very close with their families as well. They are now grandmothers, and we come together all the time at our church to keep our community and its traditions alive for our young ones.

I have absolutely no family or friends left in Haiti, and I have never gone back there since I left in 2004. I have no means by which I could reintegrate into Haitian society, as I have been away now for most of my adult life. Having close family is a very important part of life in Haiti, and necessary for survival in difficult times. Without any close family members to look out for me, I would be left with few resources. As a single woman, I would be at risk from violence.

I believe that my circumstances warrant compassion, and I am asking that you allow me to remain in Canada. I have done my best, and I am now leading an organized and balanced life. My entire family is here, and they need me as much as I need them. I beg you to grant me permanent resident status in Canada, on humanitarian and compassionate grounds.