Problems for Justice can Result When Literacy Difficulties Are Not Taken Into Account

The case law examples cited earlier in this booklet attest to the possibility of miscarriages of justice when literacy problems are not acknowledged and responded to by those working in the justice system.

People may come into contact with the justice system purely because of confusion or an inappropriate action caused by low literacy skills. Literacy and court workers report that people with low literacy skills are unlikely to contest procedures. They plead guilty more often because they don't understand the adversarial system. They find it hard to represent themselves or to instruct their lawyers properly.

When People Do Not Understand the Court System, They Lose Faith in the Process

Anecdotal evidence from lawyers and people working at law societies across Canada suggests that the majority of complaints filed against lawyers are related to failure to communicate. While many of these complaints may indicate failures to answer phone calls or reply to letters, many lawyers agree that in a significant number of cases, literacy problems may be at the root of the complaints.

• A court advocate told about going to court with a victim of attempted murder. The woman was terrified and didn't want to go at all. They had reviewed what to expect, but the woman became even more frightened when she felt the Crown was questioning her as if he was not on her side. She fled from the courtroom and the case was thrown out.