VII

Some Impacts of Literacy Problems on the Courts

Literacy Problems can Limit Access to Justice

The Canadian Bar Association, British Columbia branch, has published a kit for lawyers called Communicating Clearly to help lawyers make their legal practices more 'user friendly' to people with limited literacy skills. One of the booklets in this kit reports that:

"The 1992 Canadian Task Force Report on Legal Literacy found that the legal system can be intimidating to adults who cannot use written legal materials. As a result, they avoid initiating legal actions. Written legal material can create a formidable obstacle to use of the justice system. Poor communication between you and your client can interfere with your client's ability to give you proper instructions and with your ability to obtain the appropriate remedy for your client."³⁰

A client's limited literacy interferes with access to justice in other ways as well. People with low literacy skills are unlikely to make full use of the opportunities available to them. For example, in the time between the verdict and sentencing, the offender may have access to a Community Service Officer. Those who have worked with offenders who have low literacy skills say that these people, along with other disadvantaged people, do not know how to benefit from this opportunity.