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. 102