her from doing so. However, Mrs. Lovelace wishes to live permanently on the reserve and to
obtain a new house. To do so, she has to apply to the Band Council. Housing on reserves is
provided with money set aside by Parliament for the benefit of registered Indians. The
Council has not agreed to provide Mrs. Lovelace with a new house. It considers that in the
provision of such housing priority is to be given to registered Indians.
9.7 In this connection the following additional information has been submitted on behalf of
Mrs. Lovelace:
At the present time, Sandra Lovelace is living on the Tobique Indian Reserve, although she
has no right to remain there. She has returned to the Reserve, with her children because her
marriage has broken up and she has no other place to reside. She is able to remain on the
reserve in violation of the law of the local Band Council because dissident members of the
tribe who support her cause have threatened to resort to physical violence in her alefence
should the authorities attempt to remove her.
9.8 As to the other persisting effects of Mrs. Lovelace's loss of Indian status the State party
submits the following:
When Mrs. Lovelace lost her Indian status through marriage to a non-Indian, she also lost
access to federal government programs for Indian people in areas such as education, housing,
social assistance, etc. At the same time, however, she and her children became eligible to
receive similar benefits from programs the provincial government provides for all residents of
the province.
Mrs. Lovelace is no longer a member of the Tobique band and no longer an Indian under the
terms of the Indian Act. She however is enjoying all the rights recognized in the Covenant, in
the same way as any other individual within the territory of Canada and subject to its
jurisdiction.
9.9 On behalf of Sandra Lovelace the following is submitted in this connection:
All the consequences of loss of status persist in that they are permanent and continue to deny
the complainant rights she was born with.
A person who ceases to be an Indian under the Indian Act suffers the following
consequences:
(1) Loss of the right to possess or reside on lands on a reserve (ss. 25 and 28 (1)). This
includes loss of the right to return to the reserve after leaving, the right to inherit possessory
interest in land from parents or others, and the right to be buried on a reserve;
(2) An Indian without status cannot receive loans from the Consolidated Revenue Fund for
the purposes set out in section 70;
(3) An Indian without status cannot benefit from instruction in farming and cannot receive
seed without charge from the Minister (see section 71);
{4) An Indian without status cannot benefit from medical treatment and health services
provided under section 73 (1) (g);