It should be included. I note that this is one of the two points where I'm concurring with Jonathan Denis, the Minister of Justice for Alberta, who wrote that they are looking at the notice provision as very important; as soon as they know that an accused will be asking to use either French or English, they can make provision for that.
If it's at the start, fine. Even then we should devise a way where, if the crown is not to contest a request, maybe there's a way not to wait for an order of the judge. It could be something like it is in Ontario. I think there are five ways in which one can request a French language hearing: by filing a first document in French, or by making a requisition, or things like this. There could be an easy way to ask this of the administration of justice; if the crown is not to contest the request, why wait to appear in front of a judge?