Disabilities are much more common and diverse than many may think. A 2017 Statistics Canada study found that an estimated one in five Canadians (6.2 million people) have one or more disabilities that affect their daily lives. The term ‘disability’ can include a wide range and degree of conditions that include but are not limited to: hearing and/or vision impairment, mobility issues, developmental issues, etc. Disabilities can also exist without any physical traits and may not be apparent or obvious to others.
In 2005, Ontario enacted the Accessibility for Ontarians with Disabilities Act (AODA). This Act requires that the court system becomes fully accessible as of January 1, 2025. This was seen as a major step forward in making the court system accessible to all.
Having to go to Court and navigate the Court system is likely to be a stressful situation for anyone, and having to worry about disability accommodation is only likely to add to contribute to further feelings of stress and anxiety. If you are attending Court at the Barrie Courthouse, we recommend you contact the Accessibility Coordinator as early as possible if you need disability accommodations for a Court proceeding or have any questions or concerns about accessibility. Each courthouse in Ontario should have an Accessibility Coordinator who can help you identify any and all accommodations that can be made available for you when you visit court in-person or online.
In general, there are a number of ways that a courthouse can accommodate justice system participants, including self-represented litigants, represented parties and lawyers. Some examples of accommodations that may be made available to you at a given courthouse (depending on resources and services available) include: assistive listening devices, a temporary wheelchair, real-time captioning, known as Communication-Access Realtime Translation (CART), American Sign Language (ASL) or langue des signes québécoise (LSQ), wheelchair accommodating rooms, ramps and elevators and accessible or alternative document formats including large print, audio and braille. It should be noted that all courthouses and jurisdictions are different and so some courthouses may have more accommodations than others.
It is important for you to know that Judges, Deputy Judges and Justices of the Peace may need to be informed of your accommodation request and issue a Court Order to ensure that it gets put in place. Accessibility coordinators will likely not be permitted to approve requests for accommodations to procedural steps and requirements, such as filing deadlines, without first receiving approval from the judicial official. This process is likely to take time, so we recommend you reach out the court accessibility coordinator as soon as you know what court you are to make an appearance in so that you can begin this process.
If you are appearing in an Ontario Tribunal, you can request an accommodation by submitting the form found here: Accommodation Request Form
If you have received a summons for jury duty and require an accommodation, one can be requested at: https://www.summoned.jss.attorneygeneral.jus.gov.on.ca/en/checkin/auth
If you find yourself experiencing barriers while trying to arrange for an accommodations, we recommend that you first contact the Accessibility Coordinator at the courthouse where your matter is being heard. If you are still not receiving the accommodation you need, please reach out to us and we will help you get the accommodation you are entitled to.
Written by Maclain Sinton and Nicole Cook