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T-2923-78
In re Citizenship Act and in re Mohamad Chakib Abdul-Hamid (Appellant)
Trial Division, Mahoney J.—London, December 14; Ottawa, December 18, 1978.
Citizenship — Demonstrable knowledge of Canada and of rights and privileges of citizenship — Appellant claiming to know answers to questions asked but unable to articulate in an official language — Whether or not citizenship can be denied because of inability to articulate answers re paragraph 5(1)(d) in an official language — Citizenship Act, S.C. 1974-75-76, c. 108, s. 5(1)(c),(d) — Citizenship Regulations, SORl77-127, s. 15.
Appellant was found by the Citizenship Judge to have an adequate knowledge of one of Canada's official languages, pursuant to paragraph 5(1)(c), but was found not to meet the requirements of paragraph 5(1)(d) concerning his having an adequate knowledge of Canada, and of the responsibilities and privileges of citizenship. Appellant alleges that he knew the answers to all the questions asked him in that respect, but as he could only articulate them in Arabic, he needed an interpreter which had not been provided. The issue is whether an applicant must reply in an official language to the questions asked with respect to paragraph 5(1)(d), or whether he might satisfy the requirements of that section by replying through an interpreter.
Held, the appeal is allowed. The requirements of paragraphs 5(1)(c) and (d) are disjunctive. There is no author ity for adding to the express requirements of paragraph 5(1)(d) a further, implied, requirement that an applicant demonstrate the adequacy of his knowledge of Canada and of the privileges and responsibilities of citizenship by articulating it in one of the official languages. It would be a significant additional require ment, well beyond the standards set by section 14 of the Regulations, to require that an applicant's knowledge of French or English be such that he can deal adequately, in that lan guage, with Canada's history, geography and political system. As the law presently stands, an applicant is entitled, in demon strating that he meets the requirements of paragraph 5(1)(d) of the Act, to use the language of his choice, which may not necessarily be French or English.
APPEAL. COUNSEL:
Rachid Chams for appellant. Edward J. McGrath, amicus curiae.
SOLICITORS:
Lamon & McGrath, London, amicus curiae.
The following are the reasons for judgment rendered in English by
MAHONEY J.: The appellant was found by the Citizenship Judge not to meet the requirement of paragraph 5(1)(d) of the Act, S.C. 1974-75-76, c. 108, but was found to meet the requirement of paragraph 5(1)(c).' The other requirements of the section are not material to the issue. In his notice of appeal the appellant alleged that he knew the answers to all the questions asked him as to his knowledge of Canada and the rights and respon sibilities of citizenship but could articulate them only in Arabic and that he needed an interpreter which had not been provided. An interpreter, arranged for by the amicus curiae at the request of the Court, was sworn in at the hearing of the appeal.
The appellant is Lebanese and has been in Canada for eight years. He is a labourer, married with a family. His knowledge of English is, indeed, adequate. He can discuss his work, his family and his background in English with ease, albeit with an accent. His ability to comprehend and express himself in English as to matters within his personal experience is not merely adequate, it is competent.
By regulation 2 , made under the author ity of section 26 of the Act,' the criteria prescribed for purposes of paragraph 5(1)(d) are:
15. The criteria for determining whether or not a person has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship are that he has a general under standing of and can answer correctly simple oral questions based on the information contained in self-instructional ma terials approved by the Minister and presented to applicants for the grant of citizenship respecting
5. (1) The Minister shall grant citizenship to any person who, not being a citizen, makes application therefor and
(c) has an adequate knowledge of one of the official lan guages of Canada;
(d) has an adequate knowledge of Canada and of the respon
sibilities and privileges of citizenship; ...
s Citizenship Regulations, SOR/77-127.
26. The Governor in Council may make regulations
(d) providing for various criteria that may be applied to determine whether or not a person
(i) has an adequate knowledge of one of the official languages of Canada,
(ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, ...
(a) the right to vote in federal, provincial and municipal elections and the right to run for elective office;
(b) enumerating and voting procedures relating to elections; and
(c) one of the following topics to be chosen by the person questioning the applicant, namely,
(i) the chief characteristics of Canadian social and cultur al history,
(ii) the chief characteristics of Canadian political history,
(iii) the chief characteristics of Canadian physical and political geography, or
(iv) the responsibilities and privileges of citizenship other than
(A) those referred to in paragraphs (a) and (b), and
(B) where the person is a conscientious objector by reason of his religion, his obligations to Canada during time of war.
This Court, in dealing with an appeal, does not have before it the self-instructional materials referred to in section 15 of the Regulations. Nei ther does this Court have any idea of the topic chosen by the Citizenship Judge from among the four options enumerated in paragraph 15(c). The absence of that information from the record made available to this Court is not helpful. The proceed ing in this Court is a trial de novo. It seems clear that in performing its function this Court is required to apply the same standards as those which ought to have been applied by the Citizen ship Judge ill arriving at findings of fact. This Court is, presumably, free to choose its own topic from among the options permitted by paragraph 15(c); however, it is obviously impossible for this Court to apply the same standards as the Citizen ship Judge when this Court is ignorant of the approved material upon which the appellant's knowledge of the mandatory as well as optional topics is supposed to be founded. Having said all that in the hope that it may come to the Minister's attention and that he may see both a problem and solution, I return to the particular appeal.
The appellant was questioned by both the amicus curiae and the Court on a variety of subjects falling within the topics set forth in sec tion 15. When questions were put in English with out the benefit of interpretation into Arabic, the appellant did not comprehend many of them enough to essay an answer. When put to him in Arabic, the appellant's answers in English were, by
and large, confused and confusing. When he answered, through the interpreter, questions put through the interpreter, the appellant's grasp of the subject matter was clearly adequate. I am entirely satisfied, both from his answers on the prescribed topics and his general course of conduct in Canada, that the appellant knows what is expected of him as a Canadian citizen and demon strates it in his daily life.
The requirements of paragraphs 5(1)(c) and (d) of the Act are disjunctive. I see no au thority for adding to the express requirements of paragraph 5(1)(d) a further, implied, requirement that an applicant demonstrate the adequacy of his knowledge of Canada and of the privileges and responsibilities of citizenship by articulating it in one of the official languages. It would be a signifi cant additional requirement, well beyond the standards set by section 14 of the Regulations, 4 to require that an applicant's knowledge of French or English be such that he can deal adequately, in that language, with Canada's history, geography and political system. As the law presently stands, an applicant is entitled, in demonstrating that he meets the requirements of paragraph 5(1)(d) of the Act, to use the language of his choice, which may not necessarily be French or English.
JUDGMENT
The appeal is allowed.
4 14. The criteria for determining whether or not a person has an adequate knowledge of one of the official languages of Canada are that, based on questions approved by the Minister,
(a) the vocabulary of the person in that language is appro priate for the conduct of those of his non-professional activi ties that reasonably can be expected to involve contact with the general public in that language;
(b) the person comprehends, in that language, simple spoken statements and questions in the past, present and future tenses; and
(c) the oral expression of the person in that language accu rately conveys simple information with respect to past, present and future situations.
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