Download You Can't Know What You Don't Know That You Don't know

Author: Ashley Rees

Abstract

This article argues that people with communication disabilities are not always afforded equal protection and benefit of the law in criminal proceedings. People with communication disabilities are more likely to have their Charter rights violated in the course of criminal procedures. Communication intermediaries are professionals who are able to identify and work with individuals that have these disabilities. These specialized speech-language pathologists are trained specifically to work in the justice system and to facilitate two-way dialogue between parties who communicate in different ways. This article argues that it is the responsibility of justice professionals and law enforcement to learn about the ways that communication intermediaries can help fortify the Charter rights of individuals encountering the criminal legal system, with particular attention on individuals accused of criminal offences. By doing so, we will bring our system one step closer to offering equal justice for all.

Resume

Ashley Rees is a recent graduate of the Juris Doctor program at the University of Manitoba and is currently articling in criminal defence. Ashley holds a special interest in disability rights and, at the time of writing, noted the following regarding themself: “I write this as a law student living with disabilities, some of which falls within the forthcoming definition of communication disabilities. My lived experience of navigating legal environments while living with a brain that processes information in its own autistic way, positions me uniquely to give testimony in my own language of what it is like to exist in these spaces. While these moments of commentary will be few, it seems necessary to qualify given that one of the guiding principles of disability discourse is ‘nothing said about us without us.’”

Recommended Citation

Ashley Rees, “You Can’t Know What You Don’t Know That You Don’t Know: The Dilemma of Communication Disabilities and Charter Rights” (2024) 12:1 Can J Hum Rts 1, online: <https://cjhr.ca/download/3077/?tmstv=1732553563>.