over 80 years later. The State party notes that the author did not raise any argument related to Canada’s international obligations, including article 27 of the Covenant, during the court proceedings. participate in the general Canadian economy cannot and should not diminish the importance of their cultural and societal traditions and way of life. 10.5 Referring to the size of the Hiawatha First Nation reserve (790.4 hectares) and the reserve shared with two other First Nations (a number of islands), the author argues that it is unreasonable to suggest that he is able to meaningfully exercise together with members of his community his inherent rights to fish and hunt within the confines of the reserves and the waters immediately adjacent to them. These rights are meaningless without sufficient land over which to exercise them. In this context, the author reiterates that with the exception of the First Nations parties to the Williams Treaties, all other First Nations in Canada who have concluded treaties with the Crown have had their harvesting rights recognized far beyond the limits of their reserves – throughout their traditional territories. Author’s comments: 10.1 On 30 August 2004, the author comments on the State party’s submission and reiterates that the Williams Treaties are the only treaties in Canada which do not protect Aboriginal hunting, fishing, trapping and gathering rights, but rather are held to have explicitly extinguished these rights. As a consequence, the author claims that he does not enjoy the same special legal and constitutional status as all other Aboriginal peoples of Canada enjoying Aboriginal or treaty rights. The author considers that monetary compensation for these rights is no substitute for the necessary measures of protection of the minority’s culture within the meaning of article 27 of the Covenant. 10.6 As to the State party’s argument that he can fish with a recreational licence, the author asserts that he is not a recreational fisher. In his opinion, the regulations governing recreational fishing are designed to enhance sports fishing and make clear that all fishing is done as a privilege and not a right. The general rule is prohibition of fishing activities, except as provided for in the regulations and pursuant to a licence. The regulations make exceptions to the general rule for persons in possession of a licence issued under the Aboriginal Communal Fishing Licence Regulations, but the author states that he has been denied the benefit of this provision because of the Court’s decision that his aboriginal rights had been extinguished by the Williams Treaty. 10.2 The author argues that as a member of a minority group, he is entitled to the protection of economic activities that comprise an essential element of his culture.12 The exercise of cultural rights by members of indigenous communities is closely associated with territory and the use of its resources.13 The author notes that the State party does not deny that fishing is an essential element of the culture of the minority to which he belongs, but rather focuses on its assertion that the author is in a position to exercise this right to fish. The author states, however, that the State party does not identify whether he is able to exercise his cultural right to fish as distinct from, and additional to, any statutory privileges to fish that are available to all persons, indigenous and non-indigenous, upon obtaining through payment a licence from the Government. 10.7 The author observes that by equating his fishing activities with those of a recreational fisher, the State party deems his access to fishing a privilege not a right. His fishing activities are thus not granted priority over the activities of sport fishers and can be unilaterally curtailed by the State without any obligation to consult the author or the leaders of his First Nation. According to the author, this treatment is contrary to that afforded to other aboriginal persons in Canada for whom the Constitution Act 1982 provides that aboriginal and treaty rights have priority over all other uses except for conservation. 10.3 The author further challenges the State party’s focus on fishing only and submits that this is based on an excessively narrow reading of the Committee’s admissibility decision. According to the author, his communication also includes his rights to hunting, trapping and gathering since these are an equally integral part of his culture which is being denied. 10.4 The author emphasizes that it is the cultural and societal importance of the right to fish, hunt, trap and gather which are at the heart of his communication, not its economic aspect. The fact that the members of the Hiawatha First Nation 10.8 The author argues that the State party has an obligation to take positive measures to protect his fishing and hunting rights, and that to allow him to fish under recreational regulations is not a positive measure of protection required by article 2 (2) of the Covenant. 12 Kitok v. Sweden, communication No. 197/1985, Views adopted on 27 July 1998. 13 See the Human Rights Committee’s General Comment No. 23, The rights of minorities to enjoy, profess and practise their own culture, 1994. 10.9 He further submits that he is prohibited from fishing in the traditional territory of the Hiawatha 132