Alleged victim: Lubicon Lake Band
State party: Canada
Date of adoption of views: 26 March 1990 (thirty-eighth session)*
Subject matter: Claim of right of self-determination by indigenous community in Alberta, based on claim of
aboriginal title to land
Procedural issues: Interlocutory proceedings Interim measures of protection Denial of due process
Unreasonably prolonged proceedings Abuse of right of submission Interim injunction Interpretation of
domestic remedies Standing of the author Request for interpretation of rule 93 (4)
Substantive issues: Right of self-determination ICCPR relationship to ICESCR Collective rights Conflicting
claims to sovereignty Equal protection before the law Rights of indigenous groups under ancestral titles
Effective remedy Right to compensation
Articles of the Covenant: 2, 14 (1), 17, 18 (1), 23 (1), 26 and 27
Articles of the Optional Protocol: 1, 2, 3, 4 (2) and 5 (2) (b)
1. The author of the communication (initial letter dated 14 February 1984 and subsequent correspondence) is
Chief Bernard Ominayak (hereinafter referred to as the author) of the Lubicon Lake Band, Canada. He is represented
by counsel.
2.1 The author alleges violations by the Government of Canada of the Lubicon Lake Band's right of selfdetermination and by virtue of that right to determine freely its political status and pursue its economic, social and
cultural development, as well as the right to dispose freely of its natural wealth and resources and not to be deprived
of its own means of subsistence. These violations allegedly contravene Canada's obligations under article 1,
paragraphs 1 to 3, of the International Covenant on Civil and Political Rights.
2.2 Chief Ominayak is the leader and representative of the Lubicon Lake Band, a Cree Indian band living within
the borders of Canada in the Province of Alberta. They are subject to the jurisdiction of the Federal Government of
Canada, allegedly in accordance with a fiduciary relationship assumed by the Canadian Government with respect to
Indian peoples and their lands located within Canada's national borders. The Lubicon Lake Band is a self-identified,
relatively autonomous, socio-cultural and economic group. Its members have continuously inhabited, hunted,
trapped and fished in a large area encompassing approximately 10,000 square kilometres in northern Alberta since
time immemorial. Since their territory is relatively inaccessible, they have, until recently, had little contact with nonIndian society. Band members speak Cree as their primary language. Many do not speak, read or write English. The
Band continues to maintain its traditional culture, religion, political structure and subsistence economy.
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