of Indian status in respect of women who married non-Indians and their children, as well as other groups. Some 76,000 persons had since acquired Indian status as a result of that amendment. The Committee’s decision in the Lubicon Lake Band had confirmed the Government’s opinion that it had an Private discussions had obligation to the Lubicons that had to be settled. been held between representatives of the Federal Government. the government of Alberta and the Band’s solicitor concerning prospects for acceptance of a government offer by the Lubicons and the possibility for arbitration on A response from the Band to the government proposals was outstanding issues. being awaited. State of emew members of the Committee wished to know why 56. With regard to that issue, the protections in section 4 (b) of the new Emergencies Act appeared to be restricted to Canadian citizens and permanent residents and whether such restrictions were compatible with the prohibition against discrimination contained in article 4, paragraph 1, of the Covenant; what were the relevant provisions of the National Defence Act in respect of protests by indigenous had been suspended under that Act during the incidents groups : which rights near Montreal in the summer of 1990: and whether that suspension was consistent with article 4 of the Covenant. Members also expressed concern about the non obstante clause provided for in section 33 of the Canadian Charter of Rights and Freedoms , which seemed to permit infringements of fundamental rights in certain circumstances, and asked, in that regard, whether the right to life might be involved and, if SO, under what circumstances. Further information was also requested on the extraordinary power, referred to in the second periodic report, of the government of Manitoba province to suspend various rights. 51. In his reply, the representative of the State party explained that section 4 (b) of the new Emergencies Act prohibited the detention of individuals on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. The provision was intended to prevent the repetition of incidents which had occurred during the Second World War when Canadian citizens of Japanese descent had been detained solely on the ground of their ethnic origin. Section 4 (b) was subject to the guarantees of the Charter of Rights and Freedoms and the Bill of Rights, and was therefore consistent with article 4 of the Covenant. Action had been taken during the events of the summer of 1990 under the National Defence Act, which authorised military intervention to assist the civil authority in restoring order. No rights had been suspended, and any individuals who considered that the police had infringed their basic rights had access to the courts. 58. Referring to questions raised regarding section 33 of the Charter, the representative assured the Committee that its concerns would be drawn to the attention of the Government but noted that in the future the right to life might also be applied in such contexts as abortion, euthanasia and organ transplants. A state of emergency had only been aeclared once, under the Manitoba Emergency Measures Act, in 1969, when the territory haa been affected by major foreet fires. The prerogatives under the Act were used in accordance with the 59. -14-