Table of Contents

Dedication
Foreword,
by Gordon Proudfoot,
President, Canadian Bar Association
Preface, James MacLatchie,
Executive Director, John Howard Society of Canada
Table of Contents
I Introduction
Challenges Faced by Criminal Courts in Canada Today
Literacy Awareness is One Effective Response to these Pressures
II Literacy and Legal Literacy
Definitions
Canadian Literacy Levels
Literacy Levels of Offenders
III Judges and Lawyers are Aware of the Impact of Literacy Barriers on the Courts
Judge Gilles Renaud
Ontario Court (Provincial Division)
Michael Edelson, Defence Lawyer
Phil Knight, a B.C. Lawyer who specializes in Legislative Drafting and Legal Language
Judge Dianne Nicholas
Ontario Court (Provincial Division)
IV Judges and Lawyers are Finding Ways to Protect the Rights of People with Low Literacy Skills
Identifying Literacy Problems and Barriers
Reducing the Barriers
Arranging for Support Services
Recommending Literacy Training as Part of a Rehabilitative Sentence
V The Importance of the Right to Understand in Case Law
A Landmark Case: R. c. Evans
Subsequent Cases which Uphold the Right to Understand
Two Cases Which Cite Low Literacy as a Factor Relevant to the Right to Understand
VI Barriers in the Criminal Justice System to the Right to Understand
Barriers for the Accused
Barriers at Each Stage of the Process
Barriers for Victims and Witnesses
Barriers for Jurors
VII Some Impacts of Literacy Problems on the Courts
Literacy Problems can Limit Access to Justice
The Courts can be Accused of Systemic discrimination Against People with Low Literacy Skills
Failure to Respond Appropriately to Someone with Low Literacy Skills can Reduce Court Efficiency and Effectiveness
Problems for Justice can Result When Literacy Difficulties Are Not Taken Into Account
When People Do Not Understand the Court System, They Lose Faith in the Process
Literacy Awareness by Court Officials can Contribute to Crime Prevention and Potentially to Reduced Court Caseloads
VIII Making Connections with Literacy Organizations
National Literacy Coalitions
Provincial/Territorial Literacy Coalitions
IX Making Connections with Public Legal Education and Information Organizations
X Additional Tools and Resources
XI End Notes

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