Working with an Accused Who Has Low Literacy Skills

When you suspect that an accused has low literacy skills, your first step is to overcome the person’s desire to hide their reading problem.

• If you suspect that English is not the person’s first language, ask them if they need an interpreter.
• Ask defence counsel if they know about a reading problem.
• Ask the accused directly – in private – if they have a reading problem.
• To ask “Do you understand?” can be intimidating. Instead, ask the accused to tell you, in their own words, what the information means to them.
• Speak in a way that is easy for anyone to understand. Avoid using police jargon, legal terms, or other specialized language.
• Ask the person what they need to help them understand better.

Once you have confirmation that the accused has difficulty understanding written and spoken information, you may have to “teach” them the context of the charges against them. It is your job to make sure the accused understands

• what is happening
• how the Charter of Rights and Freedoms applies to them in their current situation
• what the charge is and how serious it is
• what their choices are, and how those choices play out
• that they should not sign a document until they understand it fully

Here are some guidelines to follow when you are communicating with an accused who has low literacy:

• Keep your message as simple as possible. Be clear and to the point. Long, complicated sentences will probably confuse the person, making it more difficult to get the information you need.