Applying that would certainly pose some practical problems.
In criminal law, if we want both official languages to one day have real equal status, we will have to continue working toward that goal on a practical level.
I am aware that there are many obstacles. For example, what happens when disclosure is not available in French and the accused is francophone?
Let's take the example of a particular case mentioned by some of our members in Nova Scotia. In the case of a conditional release for an accused person who is francophone, if disclosure is not available in French at the time of the person's appearance, that person can give up the right to French-language proceedings and agree to English-language proceedings, knowing full well that if he insisted on having French-language proceedings, the appearance would be postponed, and in the meantime, he would remain in detention. Such a situation is unacceptable in our opinion.
I don't know if my colleague Mr. Rémillard would like to add anything.