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Recognizing need for accommodations

Recognizing a client who may have a communication disability

When your client speaks, does he or she

  • Speak in a way that is hard for you to understand?
  • Use ways other than speech to communicate messages?
  • Have difficulty finding or saying the words he or she wants to communicate?

When you speak, does your client

  • Look confused, look away or defer to someone to answer for them?
  • Answer in ways that suggest they did not understand your question?
  • Tell you that he or she does not understand what you are saying?

Going to see a lawyer is stressful for everyone, therefore responses to these questions do NOT necessarily indicate the presence of a communication disability.
However, if there is a combination of communication issues, you and your client should take the time to investigate the reason(s).

Has your client informed you of a current or past medical diagnosis that may impact on his or her communication? For example intellectual disability, cerebral palsy, autism, traumatic brain injury, stroke, brain tumor, neck cancer, aphasia, dementia, Amyotrophic Lateral Sclerosis, Parkinson’s Disease, Multiple Sclerosis, Huntington’s Disease and other conditions.

Communication disabilities are not the same

Some disabilities affect

  • Speaking
  • Understanding what someone is saying
  • Both speaking and understanding

Most people who have difficulty speaking do not have a problem understanding what others are saying.

Some people with communication disabilities may have challenges with reading and writing.

Communication disabilities can be

  • Mild or severe
  • Hidden or obvious

Hidden communication disabilities may result from previous injuries, concussions or early dementia. They may be subtle yet have a significant impact on a person’s ability to process information and problem solve within a legal context.

People communicate in different ways

People with communication disabilities may communicate using ways other than speech. These include gestures, body language, vocalizations, pictures, symbols, letter boards and speech generating devices.

Access to justice

What is communication access to justice?

Police, legal and justice services must be fully accessible to all people with disabilities. For people with speech and language disabilities, access to services means ensuring that they can:

  • understand what is being said
  • have their messages accurately understood
  • communicate everything that they want to say
  • use different ways of communicating such as speech, gestures, writing, pointing to objects or pictures, spelling words, typing on a communication device or human assistance
  • receive written information in ways they understand and can use
  • sign documents, take notes and complete forms

For many people with speech and language disabilities, a communication intermediary is required to ensure effective communication access in legal / justice situations.

For information on what you can do to make your services accessible for people who have speech and language disabilities, visit our e-learning modules.

Justice Sector

These guidelines are for anyone who works in the criminal justice system in Canada.

They provide information on how to support a victim, witness or an accused who has a speech and language disability (SLD), not caused by a hearing loss.

Guidelines for working with a Victim or Witness

Guidelines for working with an Accused

OR alternatively, you can download the guidelines in PDF format below:

Guidelines for working with a Victim or Witness PDF

Guidelines for working with an Accused PDF

About

People with communication disabilities have a right to Communication Intermediaries to support them communicating in police, legal and justice situations. Click the links below for more information:

Negotiating your rights

  • Most people are willing to accommodate your communication needs. However, they may not know how to do this.
  • Don’t expect people to know what works best for you. Your role is to tell them what you want them to do.
  • Put people at ease, by smiling and greeting them, especially if they look nervous or afraid of you.
  • Start communicating.
  • If the person has difficulty understanding your message, explain what you want them to do. You could have some phrases ready in your device, show them your instructions on how to communicate with you or give them your communication access card.
  • Use polite words to encourage people to follow your instructions.
  • Give positive and constructive feedback to help people accommodate your communication access needs. Remember, this may be new for them.

If you work in a disability service

You play an important role in ensuring that your organization sets an example for communication accessible services.
The CAN communication access training  is available to support people in learning how to:

  • Be respectful when working with people who have communication disabilities
  • Interact with people who have different communication access requirements
  • Ensure people understand what is being said to them
  • Understand messages a person may communicate via unclear speech or using ways other than speech
  • Communicate over the telephone
  • Make your meetings and public events communication accessible
  • Provide written documents in ways a person can read and understand
  • Provide accessible forms
  • Accept alternate signatures arrangements.

In addition, you may want to:

  • Review your accessibility policies and procedures and include communication access
  • Make communication access an integral part of a person’s work and performance review.
  • Check the CAN discussion forum for issues relating to your sector.

What you can do

We invite you to participate in CAN by:

  • Learning about communication access rights
  • Sharing the CAN resources with businesses in your community
  • Supporting people with communication disabilities to communicate about their accessibility needs
  • Joining the CAN community on Facebook
  • Participating in regional CAN events
  • Contacting your regional coordinator to collaborate on activities.