increasingly negative effect on the authors' families if their children marry
non-Indians in the same proportions as their parents. To avoid the
termination of family lines through the operation of section 6(2) of Bill
C-31, the authors would have to arrange all future marriages of band members
with members of other Bands. This is said to force them to choose between
gradually losing their legal rights and their reserve land, and depriving
their children of personal freedom and privacy/ which would be incompatible
with the Covenant and the Canadian Charter of Bights and Freedoms.
3.2 Another current problem is that 28 persons who are not directly related
to the families now residing on the reserve have applied for Indian status and
Band membership. This would entail a 50 per cent increase in housing
requirements, which the Band cannot meet. So as to accommodate new members,
the Band would have to develop a cluster-housing project requiring new water
wells, sewer systems and power lines, at an estimated cost of 223,000 Canadian
dollars. Federal adjustment assistance under Bill C-31 is, however, extremely
limited. Even if new members could be housed on the reserve, there is very
little possibility of ensuring their employment. Cultural problems also
arise, because some of the newcomers have never lived on an Indian reserve and
others have lived off-reserve for more than 10 years. Considering that most
are single, older adults without children, their social impact on a community,
which has consisted of three to four self-sufficient farm families, would be
overwhe Iming.
3.3 The authors believe that the Committee's views in the Lovelace case
confirm that States cannot unreasonably restrict freedom of association and
cohabitation of individual families, nor of the related families which
comprise an ethnic, religious or linguistic community. The authors consider
that their "freedom of association with others " (art. 22, para. 1) has been
interfered with, in that they cannot themselves determine membership in their
small farming community. They can be forced to share their limited land and
resources with persons who acquire Indian status and membership, while their
own direct descendants may lose the right to be part of the community.
3.4 It is submitted that the implementation of Bill C-31 constitutes
"arbitrary and unlawful interference" with the authors' families (art. 17,
para. 1 ) , on account of the fact that the Government, and not the Band,
determines who may live on the reserve. Moreover, this interference is said
to be arbitrary in that it distinguishes among family members on the basis of
whether they were born before or after 17 April 1985, and in that it
distinguishes among family members on the basis of whether one or both of
their parents were Indiana, a purely racial criterion contrary to articles 2,
paragraph 1, and 26 of the Covenant.
3.5 The implementation of Bill C-31 allegedly conflicts with article 23 of
the Covenant, in that it restricts the freedom of Band members to choose their
own spouses, particularly considering that marriage to non-Indians would
result in disenfranchising the children.
3.6 Further, the authors claim a violation of article 26 of the Covenant,
which prohibits "any discrimination" on the ground of race, in that it makes
racial quantum, rather than cultural factors and individual allegiance, the
basis for allocating indigenous rights and indigenous peoples' lands.
Traditional Shuswap law regarded as Shuswap anyone who was born in the
-360-