| Judge Gilles Renaud, Ontario Court (Provincial Division) | |
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"When judges address individuals in the court, whether they are defendants, victims, witnesses, jurors or simply the people of the community who are present, we have a responsibility to do so in a fashion that is in keeping with their ability to understand. I think the judge presiding at the court has the ultimate responsibility to ensure that not only is the result just and the procedure just but it is manifestly so in terms of its appearance. If it appears to someone [...] that everything is said in such a way that it excludes the public [...] the appearance that justice has been served is lost. While it is the duty of the lawyers to explain to their clients what has taken place and what will take place, it is still the responsibility of the court, especially in a criminal court where a person's liberty is at stake, to ensure that the person understands fully. We often have a situation where an interpreter is required because a person's first language is not French or English. In such a case, we will go down the hall and find an interpreter, and that person will interrupt the proceedings when the individual who does not speak English or French doesn't understand what is going on. Yet we have many people who are low literate who also have trouble understanding and we are not dealing systematically with their problems. We should be systematic in our approach. We evaluate individuals who come before us accused of a crime [...] as to alcohol abuse or substance abuse. Now, we should just go to the next level to identify and be mindful of the fact that literacy is an obstacle to their full employment and may be contributing to their criminal behaviour." |
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