From a legal standpoint, I am 100% sure that it is possible to impose bilingualism on Supreme Court judges without making a formal constitutional amendment. Those who claim otherwise are extremely cautious or are looking for an excuse. In my view, the Reference re Supreme Court Act is sufficiently clear, as I have said, about the idea that bilingualism can be imposed on judges without a complex constitutional amendment.
This can be done by amending the Supreme Court Act, by amending the Official Languages Act, or by passing a new piece of legislation that would deal with this condition of appointment.
From a political standpoint, those who oppose the appointment of bilingual judges to the Supreme Court often find it unfair for anglophone jurists. However, I would say that the greatest injustice is experienced by the litigants themselves. They go to the Quebec Superior Court and the Quebec Court of Appeal in their own language and are faced with a dilemma when they appeal to the Supreme Court of Canada. The dilemma is whether the person is going to speak in French and run the risk of a judge not understanding the subtleties of the arguments, or whether they will instead switch to English.
The litigants are the first victims, in my opinion.