performed on or in any way affecting a human being was authorieed by the civil and, where necessary, penal authorities unless the person concerned had given his informed consent. to a fair trial With regard to that issue, members of the Committee wished to receive information concerning the guidelines relating to compensating persons for wrongful conviction or imprisonment and on the experience to date in applying such guidelines at the federal and provincial levels. They also wished to know whether there was a system of legal assistance for persons who could not defray the costs of their trial; what guarantees there were for the independence and impartiality of the judiciary, in particular of the courts dealing with immigration or refugee issues and of the Human Rights Tribunals; what the procedures were for appointing both Supreme Court judges and lower court judgesl what were the current provisions regarding a judge’s immunity and pension rights; and whether any serving judges were immigrants from Asian or African countries. In view of the fact that the judicial system varied from province to province, it was also asked whether judges were qualified to perform their functions in any province : whether the various provincial systems were totally independent from one another: and whether the Federal Government had considered setting up uniform minimum standards regarding the criteria for the independence of the judiciary and for the examinations system Sor admission to the bar. Additional information was also requested concerning the equality of individuals before the courts and on the issue of discrimination in the administration of justice, 71. 72. In his reply, the representative of the State party stated that in March 1988, the federal and provincial ministers responsible for the administration of justice had adopted a set of guidelines for persons wrongfully convicted and imprisoned. In the case of non-pecuniary damage, compensation could not exceed Scan 100,000, but there was no recommended limit in the case of pecuniary damage, compensation being then decided according to the individual case. Legal aid was considered an essential feature of the Canadian legal system, and such services were basically the responsibility of the provincial authorities. 73. Responding to questions raised in connection with the independence and impartiality of the judiciary, the representative pointed out that under articles 96 to 100 of the 1986 Constitution Act, the Governor General appointed the judyes to the higher, district and county courts in each province. It was for the Federal Parliament to legislate on the salaries, allowances and pensions of judges of the higher, district and county courts. The salaries and allowances of federal judge6 were fixed by law and could not be altered by administrative decision. Judges appointed at federal level could not be removed from their posts against their will before the compulsory retirement age of 75, except a6 a result of an independent judicial inquiry. While uniform criteria were applied to federal judges with regard to their appointment, term of office and salary, the conditions applying to provincial lvwer court judges varied from province to province. Any member of a provincial bar could appear before the Federal Court of Appeal or the Supreme Court. The constitutional obstacles and practices preventing the mobility of judges were to be gradually eliminated. -18-