9.1 In submissions dated 22 October and 2 December 1980 the State party and the author, respec­ tively, commented on the Committee's considerations and furnished rephes to the questions asked. 9.2 It emerges from statistics provided by the State party that from 1965 to 1978, on an average, 510 Indian women married non-Indian men each year. Marriages between Indian women and Indian men of the same band during that period were 590 on the average each year; between Indian women and Indian men of a dif­ ferent band 422 on the average each year; and between Indian men and non-Indian women 448 on the average each year. 9.3 As to the legal basis of a prohibition to hve on a reserve, the State party offers the following explana­ tions: In the case of Mrs. Lovelace, when such new legislation is enacted, she would then be entitled to be registered as an Indian. Legislative recommendations are being prepared for presentation to Cabinet for approval and placement o n the Parliamentary Calendar for introduction before the House by mid-1981. 9.6 As to Mrs. Lovelace's place of abode prior to her marriage both parties confirm that she was at that time living on the Tobique Reserve with her parents. Sandra Lovelace adds that as a result of her marriage, she was denied the right to live on an Indian reserve. As to her abode since then the State party observes: Since her marriage and following her divorce, Mrs. Lovelace has, from time to time, lived on the reserve in the home of her parents, and the Band Council has made no move to prevent her from doing so. However, Mrs. Lovelace wishes to live permanently on the reserve and to obtain a new house. To do so, she has to apply to the Band Council. Housing on reserves is provided with money set aside by Parliament for the benefit of registered Indians. The Council has not agreed to provide Mrs. Lovelace with a new house. It considers that in the provi­ sion of such housing priority is to be given to registered Indians. Section 14 of the Indian Act provides that "(an Indian) woman who is a member of a band ceases to be a member of that band if she mar­ ries a person who is not a member of that b a n d " . ' As such, she loses the right to the use and benefits, in common with other members of the band, of the land allotted to the band.* It should, however, be noted that "when (an Indian woman) marries a member of another band, she thereupon becomes a member of the band of which her hus­ band is a member". As such, she is entitled to the use and benefit of lands allotted to her husband's band. 9.7 In this connection the following additional in­ formation has been submitted on behalf of Mrs. Lovelace: At the present time, Sandra Lovelace is living on the Tobique In­ dian Reserve, although she has no right to remain there. She has returned to the Reserve, with her children because her marriage has broken up and she has no other place to reside. She is able to remain on the reserve in violation of the law of the local Band Council because dissident members of the tribe who support her cause have threatened to resort to physical violence in her defence should the authorities attempt to remove her. An Indian (including a woman) who ceases to be a member of a band ceases to be entitled to reside by right on a reserve. None the less it is possible for an individual to reside on a reserve if his or her presence thereon is tolerated by a band or its members. It should be noted that under section 30 of the Indian Act, any person who trespasses on a reserve is guilty of an offence. In addition, section 31 of the Act provides that an Indian or a band (and of course its agent, the Band Council) may seek rehef or remedy against any person, other than an Indian, who is or has been 9.8 As to the other persisting effects of Mrs. Lovelace's loss of Indian status the State party submits the following: (a) unlawfully in occupation or possession of, (b) claiming adversely the right to occupation or possession of, or (c) trespassing upon When Mrs. Lovelace lost her Indian status through marriage to a non-Indian, she also lost access to federal government programs for Indian people in areas such as education, housing, social assistance, etc. At the same time, however, she and her children became eligible to receive similar benefits from programs the provincial government provides for all residents of the province. a reserve or part thereof. 9.4 As to the reasons adduced to justify the denial of the right of abode on a reserve, the State party states that the provisions of the Indian Act which govern the right to reside on a reserve have been enacted to give effect to various treaty obligations reserving to the In­ dians exclusive use of certain lands. 9.5 With regard to the legislative proposals under consideration, the State party offers the following infor­ mation: Mrs. Lovelace is no longer a member of the Tobique band and no longer an Indian under the terms of the Indian Act. She however is en­ joying all the rights recognized in the Covenant, in the same way as any other individual within the territory of Canada and subject to its jurisdiction. Legislative proposals are being considered which would ensure that no Indian person, male or female, would lose his or her status under any circumstances other than his or her own personal desire to re­ nounce it. All the consequences of loss of status persist in that they are per­ manent and continue to deny the complainant rights she was born with. 9.9 On behalf of Sandra Lovelace the following is submitted in this connection: A person who ceases to be an Indian under the Indian Act suffers the following consequences: In addition, changes to the present sections under which the status of the Indian woman and minor children is dependent upon the status of her spouse are also being considered. (1) Loss of the right to possess or reside on lands on a reserve (ss. 25 and 28 (1)). This includes loss of the right to return to the reserve after leaving, the right to inherit possessory interest in land from parents or others, and the right to be buried on a reserve; Further recommendations are being considered which would give Band Councils powers to pass by-laws concerning membership in the band; such by-laws, however, would be required to be non­ discriminatory in the areas of sex, religion and family affiliation. (2) An Indian without status cannot receive loans from the Con­ solidated Revenue Fund for the purposes set out in section 70; ' Mrs. Lovelace married a non-Indian. As such, she ceased to be a member of the Tobique band. In addition, by the application of sub­ paragraph 12 (1), (b) of the Indian Act, she lost her Indian status. (3) An Indian without status cannot benefit from instruction in farm­ ing and cannot receive seed without charge from the Minister (see section 71); " It should be noted that when an Indian ceases to be a member of a band, he is entitled, if he meets the condhions set out in sections 15 and 16 of the Indian Act, to compensation from Her Majesty for this loss of membership. (4) An Indian without status cannot benefit from medical treatment and health services provided under section 73 (1) (g); (5) An Indian without status cannot reside on tax exempt lands (sec­ tion 87); 85