In 1991, the federal government responded by announcing a five-year strategy on disability. The first step in the National Strategy for the Integration of Persons with Disabilities was the adoption of Bill C-78. This was the first piece of federal legislation dealing exclusively with the concerns of persons with disabilities. Key provisions of the bill came into force in June 1992. However, the Department of Justice is considering further legislative changes to increase access for people with disabilities to the criminal justice system and has prepared a consultation paper discussing several potential changes.
Hearsay evidence is usually inadmissible in court.
This can occur only when it is absolutely necessary and when the information is deemed reliable. The consultation paper questions whether it would be appropriate to extend this exception to adults with disabilities if that would be the only way to accurately bring information into court. Vulnerable adults can face many of the same problems as children in attempting to communicate in the often confusing environment of a courtroom. Identification of the accused The department is also considering whether it would be appropriate to change legislation to deal with the difficulties victims with disabilities experience in identifying the accused. Legislation authorizing the wide acceptance of alternative ways of identifying an alleged offender, such as voice identification and voice line-ups, may be required to address situations where witnesses are blind or have very poor vision and cannot simply point out the accused.