Several francophone judges have been appointed. We know that these people are capable of hearing cases in French.
This is not a problem for some people, and the community realizes this. However, it is a little difficult for the francophone community to test this once the person is on the bench. If there was a way to consistently assess language capacity, a judge who had just been appointed to the court would not find it insulting to have to take that kind of test. By subjecting everyone to the same type of assessment, we would have much more measurable results.