1. Introduction

Recent Canadian jurisprudence is increasingly aware of the literacy issue as it relates to access to the Canadian justice system. Canadian courts and tribunals have shown a sensitivity to the impact of low literacy when considering the legal consequences of one’s inability to

• understand the right to counsel;
• nd appreciate the meaning of, and obligations in, a written document, or consent to a medical procedure or treatment;
• follow a court order;
• adequately represent oneself in a legal proceeding;
• understand the proceedings.

This lack of understanding has a direct bearing on their ability to receive fair justice. This situation places additional stress on judges or tribunal members to assist the unrepresented party to ensure fairness in the process, as required by law, while still maintaining their role as impartial decision maker.

In Quebec, by legislation, administrative tribunals are expected to ensure that “procedures are conducted…according to simple and flexible rules devoid of formalism.” (An Act Respecting Administrative Justice, R.S.Q., c.J-3. s.4)

The following casebook summarizes recent jurisprudence that deals with literacy and access to justice in the areas of criminal, tort, immigration, and administrative law.