therefore relevant for the Committee to know whether the marriage of Mrs. Lovelace in 1970
has had any such effects.
7.4 Since the author of the communication is ethnically an Indian, some persisting effects of
her loss of legal status as an Indian may, as from the entry into force of the Covenant for
Canada, amount to a violation of rights protected by the Covenant. The Human Rights
Committee has been informed that persons in her situation are denied the right to live on an
Indian reserve with resultant separation from the Indian community and members of their
families. Such prohibition may affect rights which the Covenant guarantees in articles 12 (1),
17, 23 (1), 24 and 27. There may be other such effects of her loss of status,
8. The Human Rights Committee invited the parties to submit their observations on the above
considerations and, as appropriate, to furnish replies to the following questions:
(a) How many Indian women marry non-Indian men on an average each year? Statistical data
for the last 20 years should be provided.
(b) What is the legal basis of a prohibition to live on a reserve? Is it a direct result of the loss
of Indian status or does it derive from a discretionary decision of the Council of the
community concerned?
(c) What reasons are adduced to justify the denial of the right of abode on a reserve?
(d) What legislative proposals are under consideration for ensuring full equality between the
sexes with regard to Indian status? How would they affect the position of Mrs. Lovelace?
How soon can it be expected that legislation will be introduced?
(e) What was Mrs. Lovelace's place of abode prior to her marriage? Was she at that time
living with other members of her family? Was she denied the right to reside on a reserve in
consequence of her marriage?
(f) What other persisting effects of Mrs. Lovelace's loss of status are there which may be
relevant to any of the rights protected by the Covenant?
9.1 In submissions dated 22 October and 2 December 1980 the State party and the author,
respectively, commented on the Committee's considerations and furnished replies to the
questions asked.
9.2 It emerges from statistics provided by the State party that from 1965 to 1978, on an
average, 510 Indian women married non-Indian men each year. Marriages between Indian
women and Indian men of the same band during that period were 590 on the average each
year; between Indian women and Indian men of a different band 422 on the average each
year; and between Indian men and non-Indian women 448 on the average each year.
9.3 As to the legal basis of a prohibition to live' on a reserve, the State party offers the
following explanations:
Section 14 of the Indian Act provides that "(an Indian) woman who is a member of a band
ceases to be a member of that band if she marries a person who is not a member of that
band".3As such, she loses the right to the use and benefits, in common with other members of