Safeguarding People who use Augmentative and Alternative  Communication (AAC) from Sexual Abuse / Victimization

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The Justice System

Speak Up brought together a number of professionals to discuss current service gaps and recommendations to provide AAC users with access to the justice system in Ontario.

Focus Group Members
Service Needs
Guidelines
Resources for The Justice System:



Focus Group Members   [Top]

Elise Nakelsky

Assistant Crown Attorney. Ministry of Attorney General

Fiona Sampson

Human Rights Lawyer. Adjunct Faculty Osgoode Hall Law School

Lana Kerzner

Staff lawyer, ARCH - ARCH: A Legal Resource Centre for Persons with Disabilities

Mary Lou Fassell

Barbra Schlifer Commemorative Clinic

Pat Fleischmann

Community Program, Toronto Police Service

Linda Vickers

Victim Services, Toronto Police Service

Aaron Shelbourne

AAC User, Speak Up Project

Fran Odette

Sexual Health Educator, Speak Up Project

Barbara Collier

Project Coordinator, Speak Up Project


Service Needs   [Top]

  • There are currently no standards of practice in Ontario to police, legal professionals and victim services in cases involving people who use AAC.

  • AAC users are often unaware of their rights, violation of rights and the justice process.

  • Police, victim services and legal professionals do not receive training in the area of recognizing and accommodating the supports required by people who use AAC.

  • There are currently no procedures in place to formally provide communication facilitation for AAC users within the justice system.

  • There are no guidelines and trainings in place to support police and legal professionals in effective cross-examination / interview techniques for people with communication disabilities.

  • In Ontario, there is no legal unit that provides accessible, individual legal support to people who use AAC.


Guidelines and Resources for The Justice System    [Top]

  1. AAC users must have the supports they require to access the justice system. A range of resources and supports should be developed within the context of an equal access demonstration model that could be duplicated across Ontario. Such a model would accommodate the physical and communication access needs of people who use AAC in addition to the development and implementation of effective protocols for policy and practice relative to the information, skills and resources required by police, legal professionals and victim support services.

  2. A protocol should be developed along the lines of the Nova Scotia Protocol (1991) to guide legal professionals in cases involving people with physical and/or communication disabilities.

  3. AAC users require tools, skills and strategies to facilitate their communication with legal professionals.
    • Access to communication facilitation/interpreting services
    • Vocabulary – human rights, abuse, legal procedures etc.
    • Information about rights, criminal justice system etc.

  4. Police, victim services and legal personnel should know where to locate services in the community to support AAC users who are proceeding through the justice system. Information/services such as:
    • Access to communication facilitators/interpreting services
    • Access to vocabulary for AAC users
    • Information about rights and abuses
    • Information on options related to criminal or civil processes

  5. Police, victim services and legal professionals should have basic training in providing services to people with disabilities and specifically to people who use AAC.

  6. Policies and Procedures for using AAC interpreters should be place for supporting an AAC user’s communication in court.
    • Access to trained AAC interpreters
    • Indicators for using an AAC interpreter
    • Guidelines for using an AAC interpreter
    • Consent and confidentiality procedures for using an AAC interpreter

  7. Guidelines for interviewing people with communication disabilities should be developed and police and legal professionals should be trained or supported in their use.

Speak Up Resources to Support Legal Professionals Working with AAC Users:   [Top]

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