Michael Edelson, Defence Lawyer

"Understanding has for some time been a factor with respect to accused persons who are functionally illiterate, witnesses who have problems with literacy and in a different vein, witnesses with language problems. We have an increasing number of people in the courts as complainants, witnesses and accused who have a functional problem with the English language. It is my view that we have to pay more attention to this problem.

In the system now, as a result of some drastic cuts in the legal aid system, we are seeing unrepresented accused who are going to be appearing before judges in ever increasing numbers. The courts are going to have to be screening these people to make sure they have a functional understanding of the proceedings and the court jargon quite apart from the basics of the English language.

Our attention to detail and adherence to real principles have been very drastically eroded because of budgetary constraints. Today, everything in the system is budget driven. Very little is driven by principle any more. This emphasis on cost is mitering down to those least able to help themselves in the system, including the functionally illiterate.

If we don't start paying more attention to this problem, we will see increasing miscarriages of justice involving people who should not be found guilty, but have been because they can't articulate their position and the position they have articulated is not protected.

Low literacy ripples all through the society, but when it hits the criminal justice system it is more serious because it has such profound implications for those who come in contact with the system."