Accessibility in the criminal legal system
Accessibility comes under the Ontario Human Rights Code, which provides people with the right to be free from discrimination to the point of undue hardship. It's common for police, courthouses, prisons, and parole systems to fall short of accommodating access needs in practical ways.
For example, even requesting accommodation can require additional paperwork and communication, which can be a barrier if your disability has to do with cognition or anxiety. When requested, accommodations can sometimes take an exeptionally long time - or the limited availability for accomodation means you will spend more time in prison waiting for parole or release.
Invisibilized disabilities – such as those with mental health concerns or neurodivergences or light sensitivities – often aren’t or can’t be accommodated within such a rigid system even when requested.
As well, although section 14 of the Canadian Charter of Rights and Freedoms entitles you to an interpreter provided by the court if required, requesting one does not always guarantee that someone can make your court date or hearing. While the date will be rescheduled, a translator not attending can cause confusion, delays, and further risk to individuals who might be d/Deaf or hard-of-hearing, blind, who don’t speak English, or speak English as a second language.
The most helpful tool you can have as someone requiring accommodation around accessibility in the criminal legal system is a reliable friend, family member, supporter, or lawyer who can vocally and firmly advocate, and make arrangements with you or on your behalf with your consent.
The abhorrent ways in which the criminal legal system consistently fails those who are disabled under the system of capitalism is just one key reason the Disability Justice Network of Ontario aligns themselves with the tenets of abolition.
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Accessibility coordinators
If you require accommodations to access courthouse services or participate in court proceedings, you should ask for accommodations as soon as you know you will be using court services.
Each courthouse in Ontario has an accessibility coordinator who can help identify what accommodations, such as equipment or services, are available for court (both in-person or online). You can contact your local accessibility coordinator by email, mail, phone, TTY, Video, and/or Relay Service. You can find the contact information for accessibility coordinators in the court address finder.
In Hamilton, the Courthouse Accessibility Coordinator (as of April 2024) is Lacey Brown, and can be contacted by email at lacey.brown@ontario.ca, or phone at 905-645-6251.
Current information on the accessibility coordinator for Hamilton courthouse can be found here.
When requesting disability accommodation, the following information is helpful:
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court address
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court file number
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your role (ie. defendant)
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date and time of any court proceedings and type of proceeding (for example, motion hearing, trial)
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any deadlines for filing documents
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the type of disability accommodation you need
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why/how it relates to your disability
If you don’t know what disability accommodation you need, you can tell the coordinator about the types of barriers you usually face. In some situations, they may need to ask for additional information. Before the courthouse provides any support or accessibility services, an intermediary will conduct an evaluation with you.
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Accessibility equipment & needs
The types of accommodation or support that the courts can provide will depend on your needs, the service or courthouse you will be using, and the availability of equipment and services.
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Some of these equipment and services may include:
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assistive listening devices
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a temporary wheelchair
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real-time captioning, known as Communication-Access Realtime Translation (CART)
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American Sign Language (ASL) or langue des signes québécoise (LSQ)
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rooms that can accommodate your wheelchair or where you can wait in quiet (if available)
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more frequent breaks
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some services may be available by phone or email in order to meet a disability-related need
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accessible or alternative document formats of ministry documents, such as accessible electronic formats, large print, audio and braille
The court may also be able to provide communication support to individuals with communication disabilities, such as those caused by:
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Cerebral Palsy
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learning disability
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intellectual disability
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stroke
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brain injury
While in the courthouse you may use:
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your own personal assistive devices or assistive technology
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your service animal in all parts of building that are open to the public
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your disability-related support person
These are just some examples; other requests will also be considered.
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Interpreters
Court proceedings in Ontario take place in English or French.
An interpreter can help you understand what is being said in court when you don’t speak the language, or if you are deaf or hard of hearing.
You have the right to a court interpreter if you need one, but remember to request this as soon as you know you need a court interpreter. Time is needed to book their services.
In criminal matters, the Ministry of the Attorney General provides court interpretation services in any language required. If you are deaf or have a hearing disability, American Sign Language (ASL) and langue des signes québécoise (LSQ) interpreters are also available for ministry services and all types of court proceedings.
Your lawyer may request an interpreter during the first court appearance if they think it’s needed. If your lawyer does not request an interpreter, and you think you need one, tell the judge or your lawyer on the record when you go to court for the first time.
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Indigenous access
If you don’t want to swear on a bible, you can “affirm” to the court that you’ll tell the truth.
If you are Indigenous, you have the option to swear on an eagle feather.
The eagle feather can be used in any courthouse in Ontario. Many courthouses - including Hamilton - have feathers for this purpose. If not you can bring your own or ask your local Friendship Centre to provide one.
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