However, "systemic discrimination" means no more and no less than it is the "system" which by its nature, treats a category of people differently because they belong to that category. It is an objective result flowing from that different treatment. It has nothing to do with the intention, knowledge or sense of fairness of the person whose conduct caused that treatment. The "systemic discrimination" in the administration of justice against the illiterate arises from two sources. Firstly, the everyday demands of the justice system, like those of society in general, require an ability to read and write and to process and understand written communication. Secondly, it is by and large taken for granted by many court personnel, that those who appear in court, as witnesses or parties (alleged victims and accused) have that ability.
Judicial Ignorance of Illiteracy?
		That judges should take for granted the literacy of those who appear in their courtrooms as witnesses or parties, is understandable. Most Canadians, until recently, never questioned the extent of literacy in this country. Literacy was taken for granted in the general population. Further, it only makes sense that in an age when intelligence and knowledge are increasingly important in the social definition of individual worth and success, those who lack literacy skills will attempt to hide or conceal their deficiency. Studies in prisons and social service agencies throughout North America in the last few years have shown that those who lack literacy skills go to extraordinary lengths to avoid disclosure of their inability to read. Some have utilized ingenious adaptations to disguise their lack of skill, and have developed remarkable coping and compensatory techniques to prevent others from learning of their secret shortcoming.

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