Individual opinion appended to the Committee's views at the request of Mr. Nejib Bouziri:
[Original: French]
[30 July 1981]
In the Lovelace case, not only article 27 but also articles 2 (para. 1), 3, 23 (paras. 1. and 4)
and 26 of the Covenant have been breached, for some of the provisions of the Indian Act are
discriminatory, particularly as between men and women. The Act is still in force and, even
though the Lovelace case arose before the date on which the Covenant became applicable in
Canada, Mrs. Lovelace is still suffering from the adverse discriminatory effects of the Act in
matte/s other than that covered by article 27.
1. Pursuant to rule 85 of the provisional rules of procedure, Mr. Walter Surma Tarnopolsky,
did not participate in the consideration of this communication or in the adoption of the views
of the Committee under article 5 (4) of the Optional Protocol in this matter.
2. The text of an individual opinion submitted by a Committee member is appended to these
views.
3. Mrs. Lovelace married a non-Indian. As such, she ceased to be a member of the Tobique
band. In addition, by the application of subparagraph 12 (1), (b) of the Indian Act, she lost
her Indian status.
4. It should be noted that when an Indian ceases to be a member of a band, he is entitled, if he
meets the conditions set out in sections 15 and 16 of the Indian Act, to compensation from
Her Majesty for this loss of membership.