the band, of the land allotted to the band. 4 It should, however, be noted that "when (an Indian woman) marries a member of another band, she thereupon becomes a member of the band of which her husband is a member". As such, she is entitled to the use and benefit of lands allotted to her husband's band. An Indian (including a woman) who ceases to be a member of a band ceases to be entitled to reside by right on a reserve. None the less it is possible for an individual to reside on a reserve if his or her presence thereon is tolerated by a band or its members. It should be noted that under section 30 of the Indian Act, any person who trespasses on a reserve is guilty of an offence. In addition, section 31 of the Act provides that an Indian or a band (and of course its agent, the Band Council) may seek relief or remedy against any person, other than an Indian, who is or has been (a) unlawfully in occupation or possession of, (b) claiming adversely the right to occupation or possession of, or (c) trespassing upon a reserve or part thereof. 9.4 As to the reasons adduced to justify the denial of the right of abode on a reserve, the State party states that the provisions of the Indian Act which govern the right to reside on a reserve have been enacted to give effect to various treaty obligations reserving to the Indians exclusive use of certain lands. 9.5 With regard to the legislative proposals under consideration, the State party offers the following information: Legislative proposals are being considered which would ensure that no Indian person, male or female, would lose his or her status under any circumstances other than his or her own personal desire to renounce it. In addition, changes to the present sections under which the status of the Indian woman and minor children is dependent upon the status of her spouse are also being considered. Further recommendations are being considered which would give Band Councils powers to pass by-laws concerning membership in the band; such by-laws, however, would be required to be nondiscriminatory in the areas of sex, religion and family affiliation. In the case of Mrs. Lovelace, when such new legislation is enacted, she would then be entitled to be registered as an Indian. Legislative recommendations are being prepared for presentation to Cabinet for approval and placement on the Parliamentary Calendar for introduction before the House by mid-1981. 9.6 As to Mrs. Lovelace's place of abode prior to her marriage both parties confirm that she was at that time living on the Tobique Reserve with her parents. Sandra Lovelace adds that as a result of her marriage, she was denied the right to live on an Indian reserve. As to her abode since then the State party observes: Since her marriage and following her divorce, Mrs. Lovelace has, from time to time, lived on the reserve in the home of her parents, and the Band Council has made no move to prevent