Indeed.
According to the government, to be considered a bilingual judge, you have to be functionally bilingual. According to the government's definition, a functionally bilingual judge can understand arguments in the other language, but does not need to speak it.
Personally I think that there is a fundamental difference between someone who is functionally bilingual, and someone who is perfectly bilingual.
Is it that much harder to find perfectly bilingual judges in the anglophone provinces of Canada than to find functionally bilingual judges, that is to say judges who can speak English and French in a functional way? Do you see a dichotomy there?
You just explained that there is an issue because judgments are not exactly the same in English and French, nor are they always translated, understood or interpreted in the same way. We must also take into consideration the oral interventions that take place at the outset between the parties, the lawyers and the judge.
I have trouble understanding why we want the law to require that judges be functionally bilingual and not perfectly bilingual.
Do you also see a problem there?