Well, it's the same question, because it's very important. Beaulac was fairly easy for us to all comprehend: that you have an island francophone, frankly, pardon the pun. I don't know if he was from Vancouver Island.
Anyway, the point is that in New Brunswick, bilingual often means English. And I can see that this order in advance--I suppose it's something we haven't done yet, so we'll see the animal as it grows--must have to be subject to argument and amendment on an ongoing basis, although that's not the way this section reads.
The other thing I'd like to bring to your attention, being somewhat experienced in bilingual civil trials, is that's often done by agreement, and there are far fewer points of appeal in a civil trial over language--because it's about money usually--than there are with respect to the rights of an accused. So all of these things set up, in my view, automatic appeal points if the defence lawyer later says “Well, the order made by the judge just didn't give me my right to have a trial in the language of my choice”.
I'm not criticizing the effort; I'm just saying that sometimes, in an effort to make things better, we set up problems. This we should know, because we're a budding bilingual country really, but are there examples that would be more specific than having a judge set it up at the beginning by order?