Voluntary Statements

What is a Voluntary Statement?

A voluntary statement is information provided freely by an individual without pressure, threats, or coercion. These statements may be verbal or written and are often used during investigations, interviews, or legal proceedings.

For individuals living with acquired brain injury (ABI), providing a statement may be difficult due to challenges with memory, concentration, communication, emotional regulation, or processing information. These challenges can affect how information is recalled, understood, or expressed.

Legal professionals should recognize that cognitive and communication difficulties may influence the way a person responds and should approach the process with patience and flexibility.
Information has been adapted with permission from www.fasdjustice.ca 

Best Practices for Documentation

Accurate documentation is essential when recording voluntary statements. Information should reflect the individual’s own words as closely as possible while remaining clear and understandable.

Clear Communication

Using simple and respectful communication helps individuals better understand the statement process and reduces confusion or stress. Clear explanations and patience can support more accurate participation.

Accurate Documentation

Statements should reflect the individual’s own words as closely as possible while remaining organized, clear, and easy to understand. Careful documentation helps support fairness and accuracy within the legal process.

Review & Clarification

Whenever possible, review the completed statement together and encourage questions, corrections, or clarification. This helps ensure the individual understands what is being documented and feels comfortable with the information provided.

For Vulnerable Individuals

Youth and vulnerable individuals may require additional accommodations, extra time, or communication supports to ensure statements are truly voluntary and properly understood throughout the justice process.

Communication Challenges During Statements

Individuals with brain injury may experience fatigue, confusion, slower processing speed, or difficulty organizing thoughts when answering questions. Stressful environments can further increase these challenges.

Helpful communication strategies include:

Explore More Programs

Some individuals with Brain Injury are also prone to confabulation – a memory that they believe to be true, but is actually a fabrication of the truth. So, different organizations focus on different needs, so choosing the right one depends on your personal situation and recovery goals.

Strategies To Get Relevant Information

Fitness To Stand Trial

Diversion & Specialize Courts

We are creating a provincial database of legal professionals who are
knowledgeable on the intersection of brain injury and the
justice system.

If you are interested in becoming a part of this database, please provide your contact details for more information and further training opportunities.