In law school, students learn to understand legal terms and use them to describe complex principles. As they become expert at legal jargon, they find using it quicker than trying to explain things using everyday language. Why then, should lawyers and judges try to use plain language and formatting?

Because the benefits of using plain language are huge, and so are the costs of not using it. 

People need to understand the law and legal decisions that affect them

Legal rights are meaningless unless they’re understood.  Everyone should be able to understand legal documents, including court forms and orders.

According to the Government of Canada’s 2024 International Adult Literacy Survey, almost half of Canadians have difficulties with printed material or can only deal with material that is simple and clearly laid out. The legal system is based on written laws and decisions, as well as oral decisions. It has complex procedures, complicated laws and peculiar terminology. It can be difficult to understand, even for people without language or literacy challenges.

“Legal literacy is the ability to understand the words used in the legal context and to access rights in the justice system. Most people, literate or not, don’t understand even the simplest legal expressions… They do not understand the concepts contained in the words, even if they understand the words themselves. Therefore, they cannot understand what is expected of them ...”

Canadian Bar Association report, Reading the Legal World,
Quoted in A Guide for the Promotion of Plain Language (2005),
Council of Canadian Administrative Tribunals

Courts have recognized the importance of understanding rights. In the criminal justice system, people may have to make important decisions when they’re under stress. Using plain language helps them to make informed decisions. In the case of R. v. Evans, the Supreme Court of Canada decided that even though police had told Mr. Evans he had the right to consult a lawyer, when they knew he had a mental disability and he said he didn’t understand, they had a duty to explain further. From the start of any encounter, police need to be aware of comprehension issues and circumstances that affect understanding.

Courts have emphasized the importance of understanding in other contexts. In R.A. v. W.A., a family law case, the BC Court of Appeal said that a man’s support obligations were a “matter of conjecture” because a court order was not clear.  The Court said, “particularly in high-conflict family cases, it is essential that obligations under court orders are easily ascertainable.”

The cost of unclear legal writing 

In a 2013 study the National Self-Represented Litigants Project found:

• Litigants found court forms too complex and had difficulty filling them in.
• Even those with training had problems. Some court staff and lawyers were said to have difficulty completing forms.
• Court guides used jargon and were hard to understand. 

Fortunately, there has been progress since then. Changes to BC’s Provincial Court Family Rules in 2021 used simpler language. The BC Provincial Court worked with government and stakeholders in a user-centered process to create new family court forms that are shorter, clearer, and easier to navigate. A free online service and written guides help litigants fill out and use the forms. 

In 2024, the Provincial Court launched a new website designed to be easy to use. It has plain language, clear headings, and organizes information so people can quickly find what they need. The Court received positive feedback when the website first launched. We are planning another survey to make sure it is still meeting people's needs.

Our judges receive training in how to write decisions clearly and effectively. They take a course that teaches them how to organize their writing, use plain language, and keep it concise. The Court’s templates for written judgments include headings, subheadings and spacing to help make the decision easier to read. All this helps make sure judges' decisions are easy to understand. 

We recognize that using clear language is important because, as the 2013 study pointed out, unclear legal writing causes confusion and frustration. It can also result in criminal offences like failure to appear or breach of probation. 

In family and civil courts, it can lead to more conflict, missed deadlines, missed court appearances and breaches of orders. Cases may be brought back to court to clarify an order’s terms. Ambiguous court orders may not be enforceable. Unclear writing, whether in contracts or court decisions or orders, can lead to appeals or more litigation, using more court time. 

The effectiveness of our justice system depends on its clarity. As Supreme Court of Canada Chief Justice Richard Wagner has said, “ … it is important that people understand how and why a given decision was reached. It is hard to have faith in something if you don’t understand it.”

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Writing for everyone

Lawyers and judges write for different audiences: the affected parties, the public, lawyers, judges, appeal courts. But the people directly affected by a legal problem or court case are the most important readers. 

The Universal Design concept involves designing things so they can be accessed, understood and used by everyone, regardless of age and ability. Applied to legal speech and writing, it suggests we use language that is simple and works for the largest number of people, regardless of their knowledge, experience, and language skills.

Plain language writing uses wording, structure, and page design to make information easier to find, read, understand, and use. Other readers will not complain about the clarity, simplicity, structure, and good layout that characterize plain language writing.

People with reading difficulties are not a separate group. At times, everyone may find it difficult to understand written or spoken legal information due to factors like: 

• hearing or vision problems
• cognitive difficulties
• low English literacy
• injuries and medical conditions
• learning disabilities and mental health challenges
• stress or fatigue, intimidation, fear
• not knowing legal concepts and procedures 

For some of us, the problems will be short-lived, but a general audience will include people with these challenges. And their difficulties may be invisible. Asked only if they understand, they may say yes when it’s not true. For some, just being in court can be frightening enough to make it difficult to understand what they are told. 

Tips for plain language writing

• Simple sentence structure.  Start with an actor and say who does what to whom, then add when and where. Example: The mother will pick up the child from daycare every Thursday.
• Short sentences. Sentences should not be longer than 15 to 25 words. Break a long sentence into two shorter ones. Example: You must comply with the probation order for a term of 12 months, and the conditions are... → You must comply with the probation order for a term of 12 months. The conditions are: ...
• Cut extra words. Example: You must follow each and every condition...  →You must follow the conditions...
• Don’t turn verbs into nouns.  Example: The lower court ruling that → The lower court ruled
• Avoid passive verbs. Example: The particulars were sent too late  → Someone sent the particulars too late.
• Avoid double negatives.  Example: That is not inconsequential →That is important
• State the principle and then any exceptions.  Example: You must have no contact with Jesse Gill.  The exceptions are: for pick up and drop off...
• Use titles and lists to break up a lot of information.

The impact of plain language

People need to understand what lawyers are saying, why a judge came to a decision and what the decision is. Ensuring this understanding is an essential aspect of access to justice. 

Using plain language when writing and speaking benefits everyone. It contributes to improved understanding of court processes, legal issues, and decisions. It helps people understand what’s being said to them and about them in the justice system. It can improve compliance and avoid unnecessary court appearances and appeals. 

 It can give people effective, real, access to justice. 

“We should do what we can to make the law clear and accessible to average Canadians.”

                                                   Former Chief Justice of Canada, Beverly McLachlin 

Note: First published in 2017, this eNews had been archived. It’s been updated and republished by request. If there’s an older eNews article you’d like to see on the Court’s website, please let us know on our LinkedIn or X account.