Language Test

On first sight, the imposition of a stricter language test on those who wish to become Canadian citizens is a no brainer. Who could possibly object to the requirement that those who would become Canadian can read, write, speak and understand at least one of our languages?

Nevertheless, before hailing the Government’s proposed test as a welcome and clearly beneficial initiative, we should pause to ask who is being affected and in what ways.

The first thing to note is that the denial of citizenship to those who fail a language test does not affect a person’s right to enter or remain in Canada, nor will it affect their right to employment nor access to government benefits. A Canadian permanent resident enjoys most of the benefits that are accorded to a Canadian citizen and indeed the Supreme Court of Canada has made it clear that it is invidious to discriminate between citizens and permanent residents.

Only two important benefits attach to citizenship uniquely, namely the right to vote, and the right to a passport. Functionally, we can regard the proposed language test as a qualification for the protection of the Canadian government when overseas and the right to participate in elections.

Every immigrant who seeks to become a Canadian citizen must already have the status of permanent resident. However, there are different routes to obtaining this status. Some are selected because of their skills and their ability to contribute to our economy. In order to be selected through this channel, a person will need to show in their initial application for permanent status that they are highly educated and that they have good language skills in at least one official language.

Others, however, are selected for humanitarian reasons. After languishing in refugee camps for sometimes lengthy periods, they are resettled to Canada as part of a global effort to ease large-scale misery . Such individuals are selected on the basis of a number of factors which are geared to ensure that they will become successfully established. Among these is a language requirement but it is very different from that imposed on economic migrants: they are judged according to “their ability to learn to communicate in one of the official languages”.

A third group is that of family members who are sponsored by those who already have permanent resident status or citizenship. This third group, which includes parents and grandparents, is, of course, not required to take a language test before being granted permanent resident status. If the government imposed a regulation on its citizens that they could sponsor a spouse to join them in Canada only if the spouse had sufficient language skills, the public would not tolerate it. We would soon learn how deep the support of language testing really is.

The primary objection to the proposed language test for prospective citizens is that it will treat each of these different groups in exactly the same way. Refugees and elderly or dependent family members will be required to meet the same standards as those who gained entry through the economic stream. It is the vulnerable and the elderly who will fail the language test. It is the vulnerable and elderly who will be disenfranchised.

The regulations imposing a language test on all applications for citizenship are overinclusive , and inadequately tailored to reflect the varied experiences and needs of those of us who are permanent residents. This one-size-fits-all approach to citizenship ought to be rejected. We do not need to disenfranchise and sanction those among us who rely on our generosity or who supply family support to others.

Personally I would prefer to see a regulation that imposes a test on prospective Ministers to show proof that they have a keen knowledge of Canadian law and its effects and are able to communicate to all our citizens in both official languages. Now there’s an idea.