First of all, the code could be more specific as to when you have a right to an English something. I've had many judges who've said that you don't have a right to an English preliminary inquiry, that the code says an English “trial”. I've said, “No, it doesn't. Look at the code. It's black and white.”
For a bail hearing, you're going to look a long time. You won't find it. It's simply not there. For arraignments, again, it's not there. Usually and almost always in Montreal, it's not a problem. The individual wants an English everything and he can get an English everything. The problem starts when you leave Montreal. The problem starts when either there are fewer resources or there is less willingness to comply with the order, much like the crown prosecutors did in Saint-Jérôme in the Cross case.
So yes, I think it could be made clearer as to when it applies, but really it's a question of how you're going to approach the situation, how you're going to see it. Do you really want a bilingual trial? You can understand that in Quebec that's a very touchy subject, a bilingual trial.