As I said with regard to the test, is there a credible argument to defend its validity? So we're really talking about something clear.
With respect to section 20, the issue is whether individuals are prevented from communicating with the government in the language of their choice.
You said that people would be forced to take the citizenship test in English. That would be something to explore. Would the bill you are studying have that effect? According to the bill, people will have to demonstrate that they have “adequate knowledge of French”. Is that separate from the exam?
When other questions are asked, such as about the knowledge of Canada, is the person being forced to take the test in French or are those two completely different things? That would be something important to look at. If the person is actually forced to answer all the other questions of the citizenship process in French, it becomes more difficult to defend, and perhaps it is easier to refer to section 1. However, if people can take their citizenship test in English but, in one part of the process, they must demonstrate that they have an adequate knowledge of French, in terms of a potential violation, it is probably a little less intrusive. It is one of the many facts to be considered.
The Supreme Court, in Schmidt, noted that some constitutional disputes depend on evidence brought before the court.
In practice, how does that work? The charter sets out human rights principles, and the case law says that legislation must be interpreted in a manner consistent with the charter.
In fact, the Solski case in Quebec has set a precedent for the right to education in the minority language. The question was whether the education act violated the charter. The Supreme Court said that the section could be salvaged if it were interpreted more broadly. Allowing a person to study in the minority language in a qualitative way is acceptable, as it it is in keeping with the spirit of the charter. However, if we adopt a stricter approach and evaluate only the quantity, not the quality, of education, it is too stringent and it violates the charter.
That would be the kind of question to ask here. How is this interpreted? Are we really saying that all communications with the government and departments must be in French or are we saying that they can be in the language of one's choice but that, during this process, people must demonstrate that they have an adequate knowledge of French? This could certainly influence the outcome.