On July 31, 2026, in a submission to CHRT Chairperson Khurana, Member Marchildon opposed Canada's request for a new three-member panel and asked to continue adjudicating the case, either alone or with two newly appointed members, to preserve continuity and avoid delays. 

On August 7, 2026 parties responded to Canada's request and Member Marchildon's submissions concerning the panel composition.