I do not see any difficulties in this regard if we limit ourselves to saying that “[the] choice of either official language by a person appearing before a federal court shall not be prejudicial to that person”. The courts will take the ball and run with it, ensuring that the language rights already conferred by part III of the Official Languages Act are respected. I think this is an improvement, because there is no interference in the courts' affairs. There is no mention of the number of judges or what can be done, for example.
On February 7th, 2023. See this statement in context.