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For purposes of ordinary functional
literacy in contemporary society, the generally accepted level of understanding
is at the Grade 5 - 6 level, according to academic resource criteria in use in
the Durham Region Board of Education. That level allows a person to follow a
standard cookbook, use basic instructions for operating a VCR at home, and
follow the signs in a building without getting lost. I understand that the
grade 8 level would allow the person to comprehend a normal 200 page novel.
Full functional literacy for court purposes would seem to require a higher
level, short of the ability to understand legal maxims. For the purposes of the
following comments, then, illiteracy must be seen as a relative term. |
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Consider the challenges facing an
accused who is illiterate to the point of being unable to read or write; the
problems for people with lesser degrees of illiteracy will vary
proportionately. If the fully illiterate accused is released on an appearance
notice, he cannot read it. While the document may have been explained to him by
the police officer, if the accused is suffering the lingering effects of
alcohol or drugs, that explanation may be wasted or undermined. A recognizance
or undertaking with conditions, although also explained by a justice of the
peace, will be useless as a reference document.
The accused makes it to court. There are posters prominently displayed, and
numerous signs. To the generally literate, these signs provide access to the
right courthouse personnel, and to assistance from Legal Aid, treatment
agencies, and other outside sources of personal, procedural or legal support.
To the illiterate they are of lesser or no value. |