Before threat turns to crime

Elizabeth Fry workers say that literacy or information barriers cause some of their clients to abandon the process of obtaining a peace bond against a violent partner. The Justice of the Peace expects them to write out the bond themselves. They may not have fully understood what is involved, in particular the fact that they'll have to go to court if the other party refuses to sign the bond.

Barriers for Jurors

The jury selection process

Lawyers agreed that they could not recall a jury selection process in which potential jurors were questioned regarding their literacy skills or even their ability to understand the spoken language that would be used in the court, usually English or French.29 In fact, it is most common for the prospective juror to simply answer 'yes' or 'no' to questions posed by court officials.

Observation of pieces of written evidence

Jurors are often handed written pieces of evidence to inspect. A juror who cannot read is unlikely to raise this point with his or her fellow jurors and is even less likely to inform the judge. In this case not all members of the jury will have received the same information.

Advising the jury

Although the judge advises the jury orally, he or she may do so in words that are not commonly used. Reference may be made to written pieces of evidence, to laws or to Charter rights which the person with low literacy skills could find confusing or incomprehensible. While the judge may ask the jury as a whole, 'Do you understand?', the formal and intimidating nature of the court process and the emphasis put on the seriousness of jury duties, make it likely that all jurors and particularly those with low literacy skills will feel uncomfortable admitting that they do not understand.


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