Many of these issues are inherent to most consoles, really.
And yes, I do agree that WebGL support is something that we as developers should continue to be very vocal about for future support purposes.
However, if it were to be even possible to release a HTML5 game created with Construct 2 for The New 3DS in the near future it could be a potential gold mine since it is an additional market and (not a saturated one at that like iOS and Google Play).
For example, Just take a look at the success of HTML5 games on the Wii U and you will understand the significance of console support.
It's always a good thing to strive for console support as it opens up new possibilities to us as developers..
Being better at browser support than the other consoles does not mean being good at it, which is the problem, that however is relevant to the browser itself and not an hardware limitation, which is why I criticize it, as it could be better, which would also help making better games for it.
As for success for indie, it is not what I criticize, some people do games for the iphone 4 so relatively speaking yes, you can make a successful game with the 3DS and C2 I would think, and this would ba a support that will not be as filled with junk as android and iOS as, unless you stick with html5, you will need nintendo's approval.
I am talking about the techs itself, the score is not that great (it is actually comparable to my low end phone with firefox), so it is not a great result feature wise, and I hope publishers will not do something as stupid as "now we will also require 3ds support as well as iphone4 and stock android browser #moni", I would say workable and potential money making machine but not there yet for great content sadly.
Also quid of the audio support.