Giving evidence can be stressful for anyone. For a person with brain injury, memory, fatigue, communication, or sensory challenges can make testimony even harder.
This resource is general information for Ontario readers. It is not legal or medical advice, and it cannot replace advice from a lawyer, doctor, or qualified professional who knows the situation.
How to Use This Resource
Read the page once for the main idea, then choose one action to take next. People living with ABI often do better with one clear step than with a long list of instructions.
If you are supporting someone else, ask permission before taking over reminders, paperwork, or communication. Support should make the process easier while still respecting the person’s privacy, dignity, and choices.
Why Witness Preparation Should Include Accessibility
A witness may need to listen carefully, answer questions, remember events, and stay calm in a formal setting. Brain injury can affect each of those tasks. Preparation should include both what the court process requires and what support the person needs to participate.
The person should not guess or fill gaps in memory. It is better to say when they do not remember or do not understand a question.
In a court or legal setting, the practical details matter. Write down what the person needs, what makes the situation harder, and what has helped before. Those details can make conversations with lawyers, court staff, and support workers more useful.
Challenges That May Affect Testimony
A witness with ABI may benefit from support around:
- understanding long or complex questions
- remembering events in order
- staying focused during waiting periods
- managing anxiety or sensory overload
- asking for a question to be repeated
- recovering after fatigue builds
These patterns are worth writing down. Specific examples are easier to explain than broad statements, especially when the person is tired or stressed. A short example such as ‘I forgot the date twice even with a paper notice’ is often clearer than a general statement such as ‘my memory is bad.’
Ways to Prepare Safely
Preparation should never coach someone to change their evidence. It should help them understand the process and communicate clearly.
- ask the lawyer or Victim/Witness Assistance Program what to expect
- write down accessibility needs before the court date
- practice asking for a question to be repeated or rephrased
- plan breaks, transportation, and support after court
- bring required documents and contact information
- avoid discussing evidence with people unless the lawyer says it is appropriate
Keep the plan simple. A short written step that gets used is better than a detailed plan that is too hard to follow on a stressful day. If a step involves a court order, release condition, legal deadline, or decision about a case, confirm it with a lawyer or legal service.
It can also help to review the plan after each court date or legal appointment. Brain injury symptoms, schedules, and legal instructions can change, so the support system should be updated when new information is received.
Victim and Witness Supports
Ontario’s Victim/Witness Assistance Program may provide information and support for eligible victims and witnesses. Accessibility accommodations may also be requested through the courthouse process.
For official background, review Ontario Victim/Witness Assistance Program. Use official information together with advice from a lawyer or qualified support professional.
Do not wait until the next court date if something is unclear. Asking early gives the person and their support network more time to correct misunderstandings, gather documents, or request accessibility support.
Related ABI Justice pages: How the Court Process Can Be Made More Accessible, How to Prepare Yourself for Court, Legal Resources.
Frequently Asked Questions
Can a witness ask for a question to be repeated?
Yes. If a question is not understood, the witness should ask for it to be repeated or explained.
Should a witness say when they do not remember?
Yes. A witness should be truthful and should not guess.
Can a support person attend?
It depends on the case and court approval. Ask the lawyer or support program early.
Next Steps
Choose one practical step from this resource and write it down. If a court date, condition, or legal decision is involved, speak with a lawyer or legal service before acting on assumptions.
If you need help finding a starting point, visit the Resource Library or Contact ABI Justice.
