(5) An Indian without status cannot reside on tax exempt lands (sec-tion 87);
(6) A person ceasing to be an Indian loses the right to borrow money for housing from the
Band Council (Consolidated Regulations of Canada, 1978, c. 949);
(7) A person ceasing to be an Indian loses the right to cut timber free of dues on an Indian
reserve (section 4--Indian Timber Regulations, c. 961, 1978 Consolidated Regulations of
Canada);
(8) A person ceasing to be an Indian loses traditional hunting and fishing rights that may
exist;
(9) The major loss to a person ceasing to be an Indian is the loss of the cultural benefits of
living in an Indian community, the emotional ties to home, family, friends and neighbouts,
and the loss of identity.
10. The Human Rights Committee, in the examination of the communication before it, has to
proceed from the basic fact that Sandra Lovelace married a nonIndian on 23 May 1970 and
consequently lost her status as a Maliseet Indian under section 12 (1) (b) of the Indian Act.
This provision was--and still is--based on a distinction de jure on the ground of sex.
However, neither its application to her marriage as the cause of her loss of Indian status nor
its effects could at that time amount to a violation of the Covenant, because this instrument
did not come into force for Canada until 19 August 1976. Moreover, the Committee is not
competent, as a rule, to examine allegations relating to events having taken place before the
entry into force of the Covenant and the Optional Protocol. Therefore as regards Canada it
can only consider alleged violations of human rights occurring on or after 19 August 1976. In
the case of a particular individual claiming to be a victim of a violation, it cannot express its
view on the law in the abstract, without regard to the date on which this law was applied to
the alleged victim. In the case of Sandra Lovelace it follows that the Committee is not
competent to express any view on the original cause of her loss of Indian status, i.e. the
Indian Act as applied to her at the time of her marriage in 1970.
11. The Committee recognizes, however, that the situation may be different if the alleged
violations, although relating to events occurring before 19 August 1976, continue, or have
effects which themselves constitute violations, after that date. In examining the situation of
Sandra Lovelace in this respect, the Committee must have regard to all relevant provisions of
the Covenant. It has considered, in particular, the extent to which the general provisions in
articles 2 and 3 as well as the rights in articles 12 (1), 17 (1), 23 (1), 24, 26 and 27, may be
applicable to the facts of her present situation.
12. The Committee first observes that from 19 August 1976 Canada had undertaken under
article 2 (1) and (2) of the Covenant to respect and ensure to all individuals within its territory
and subject to its jurisdiction, the rights recognized in the Covenant without distinction of any
kind such as sex, and to adopt the necessary measures to give effect to these rights. Further,
under article 3, Canada undertook to ensure the equal right of men and women to the
enjoyment of these rights. These undertakings apply also to the position of Sandra Lovelace.
The Committee considers, however, that it is not necessary for the purposes of her
communication to decide their extent in all respects. The full scope of the obligation of
Canada to remove the effects or inequalities caused by the application of existing laws to past