How Communication Intermediaries Improve Access to Justice

Imagine being unable to tell your side of the story in court—not because you’re guilty, but because no one understands how you communicate.  For people with speech, language or cognitive disabilities, this is an unfortunate reality when dealing with legal systems that are not designed for them.

Communication Intermediaries (CIs) change that. These trained Speech-Language Pathologists ensure that individuals with communication disabilities can participate fully in legal proceedings—from police interviews to courtroom testimony.

The Legal Framework Supporting CIs

Organizations like Communication Disabilities Access Canada (CDAC) and CaJUST advocate for CIs as part of Canada’s commitment to upholding:

• The Charter of Rights and Freedoms (Section 15: Equality rights)

• The UN Convention on the Rights of Persons with Disabilities (Article 13: Equal access to justice)

Without the support of CIs, these protections are not available for many individuals with communication disorders, reducing access to justice.

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In this post, we’ll explore:

✔ How CIs level the playing field in justice systems
✔ Real cases where CIs made a critical difference
✔ Systemic barriers CIs help overcome

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3 Ways CIs Transform Legal Outcomes

1. Preventing False Confessions & Misinterpretations

The Problem:
People with intellectual disabilities are overrepresented in wrongful convictions, often because they:

• Agree to leading questions

• Struggle with abstract legal language

• Want to “please” authority figures

How CIs Help:

• Rephrase questions in concrete terms

• Use visual aids when needed

• Monitor for signs of confusion

Real Case (Communication Disabilities Access Canada):
A young man with autism was accused of assault after misunderstood statements to police. A CI helped re-interview him, revealing he was actually describing a scene from a movie—not a real event.

 

2. Enabling Reliable Testimony

The Problem:
Courts often dismiss witnesses with communication disabilities as “unreliable,” even when they have crucial information.

How CIs Help:

• Ensure questions match the person’s comprehension level

• Document communication methods used (e.g., gestures, devices)

• Testify about the individual’s communication capacity

Real Impact (CaJUST):
In a sexual assault case, a survivor with a brain injury could only testify with CI support. The intermediary’s notes on her communication patterns helped the judge accept her evidence.

 

3. Bridging the Lawyer-Client Gap

The Problem:
60% of incarcerated adults have communication disabilities (CDAC data), yet most never get CI support when consulting lawyers.

How CIs Help:

• Facilitate instructions for legal defense

• Ensure clients understand plea bargains

• Prevent attorneys from overlooking key details

 

The Road Ahead

Prioritizing the needs and rights of its most vulnerable members ultimately creates a more just, stable, and prosperous society for everyone. Societal well-being is interconnected, and when the most marginalized members of society are supported, the entire community benefits (through enhanced social stability, boost of economic prosperity and reduced social problems). Focusing on the vulnerable is not only a moral imperative but also leads to positive outcomes for everyone. 

While provinces like Ontario now recognize CIs in court rules, most jurisdictions still lack:

• Mandatory CI screening for at-risk individuals

• Funding for CI services

• Training for legal professionals

 

You Can Help By:
➔ Sharing this post to raise awareness
➔ Asking local representatives about CI policies
➔ Supporting organizations like Communication Disabilities Access Canada & CaJUST

Have you seen CIs in action? Share your experiences below!

For more information or to learn more about the CI services Jennifer provides, please visit the CAJust Communication Intermediary Registry.