6.1 By submission of 21 December 2000, the author rejects the State party’s observations, arguing that domestic remedies have been exhausted, for the Supreme Court’s binding decision in his case confirmed the extinguishment of his aboriginal rights. the form of a videotape containing an interview with the author and two other members of the Mississauga First Nations on the importance of fishing for their identity, culture and way of life. On 12 January 2000 the Committee, acting through its Special Rapporteur on New Communications, decided not to accept videotape evidence, with reference to the Optional Protocol’s provision for a written procedure only (article 5, paragraph 1, of the Optional Protocol). By letter dated 7 February 2000, the author furnished the Committee with a transcript of the videotaped testimony in question. The Committee expresses its appreciation for the author's willingness to assist the Committee by submitting the transcript. 6.2 The author argues that the current proceedings before the Federal Court raise different issues and cannot grant him the remedy he seeks. The current proceedings concern breach of fiduciary duty, rather than the restoration of aboriginal harvesting rights, and seek (in current form) a corresponding declaration with “a remedy in fulfilment of the Defendant Crown’s obligation to set aside reserves, or damages in lieu thereof”. In any event, the Federal Court is bound to follow the Supreme Court’s decision to the extent that it held that the aboriginal rights in question had been extinguished by the Williams Treaties. The author notes that while the Federal Court proceedings may allow his community to acquire additional lands and fair compensation for the 1923 surrender, they will not restore his harvesting rights, since the Supreme Court’s decision has held they were extinguished at that time. The State party’s admissibility submission and author’s comments 5.1 By submission of 28 July 2000, the State party argues that the communication is inadmissible for failure to exhaust domestic remedies. The State party points out that current laws regulate, but do not prohibit, hunting and fishing activities. The regulations, dealing with licensing requirements, catch and hunting limits, and seasonal restrictions, are intended to advance objectives of conservation, safety and ethical hunting practices. The author, as anyone else, is able to exercise his traditional practices within these confines. 6.3 As to the proceedings to challenge the abrogation of the CHCAs, the author argues that the outcome of further proceedings was “clearly predictable”. The judge stated that he had “determined that on the factual merits there is no support for the granting of any declaratory or injunctive relief”. Referring to the Committee’s jurisprudence,5 the author notes that the Supreme Court in his case had already “substantially decided the same question in issue” and that therefore there was no need for recourse to further litigation. Moreover, the Supreme Court had denied his own application to revisit its decision in his case, which therefore remained binding on the lower courts. 5.2 The State party observes that the Williams Treaties First Nations have an action currently pending in the Federal Court, alleging a breach of fiduciary duty by the federal and Ontario governments. They seek, inter alia, a remedy that would restore their hunting and fishing rights outside the reserves. The parties have currently stayed this action by agreement, while negotiations are continuing. 5.3 The State party further observes that the Williams Treaties First Nations did not avail themselves of the possibilities to challenge the termination of the CHCAs. While the initial action was dismissed on grounds of procedural defect, the Court made clear that it was open to them to bring a fresh application. They did not do so. The State party notes that, while the author contends that to do so would have been “pointless”, it has been the Committee’s constant approach that doubts about the effectiveness of remedies is not sufficient reason not to exhaust them. 6.4 To the extent that the State party suggests that negotiations should be pursued, the author argues that these are not “remedies” in terms of the Optional Protocol, and, in any event, that the State party has not shown they would effectively restore the harvesting rights. On 16 May 2000, the First Nations were informed that negotiations would not resume without the presence of the Ontario government as a party. Moreover, the Indian Claims Commission is an advisory body whose recommendations are not binding upon the federal government. Additionally, the Commission may only facilitate certain categories of dispute, and the federal government has already characterized the 5.4 Thirdly, the State party observes that it would be open to the Williams Treaties First Nations to seek the assistance of the independent advisory Indian Claims Commission in resolving a dispute in their claims negotiations with the federal government. This settlement procedure has not been exercised. 5 Lovelace v. Canada, Case No. 24/1977, Views adopted on 19 September 1979. 128