self-sufficiency package have been agreed to by the Government. Finally, the State party rejects the allegation that it
negotiated in bad faith.
24.3
On procedural grounds, the State party indicates that, since the Committees's decision on
admissibility, no clarifications have been put forward by the Committee to enable the State party to address specific
allegations of violations of the Covenant. It therefore maintains that the proceedings have not progressed from the
admissibility stage. It further submits that by acting within its jurisdiction and procedure, the Committee should (a)
issue a ruling pursuant to rule 93, paragraph 4, indicating the outcome of its reconsideration of admissibility; (b) if
the communication is found admissible, stipulate the articles and the evidence on which the finding is based; and (c)
provide the Federal Government with a six-month period during which to file its observations on the merits.
25. By interlocutory decision of 14 July 1989, the Human Rights Committee invited the State party to submit to
the Committee any further explanations or statements relating to the substance of the author's allegations, in addition
to its earlier submissions, by 1 September 1989 at the latest. The State party was again requested, pursuant to rule 86
of the rules of procedure and pending the Committee's final decision, to take measures to avoid damage to the author
and the members of the Lubicon Lake Band.
26.1
In its reply to the interlocutory decision, dated 31 August 1989, the State party asserts that it is
being denied due process, since the principles of natural justice require that a party be aware of the specific charge
and evidence on which the accusations of the author of the communication are based. It claims that since it was
never informed of the articles of the Covenant and the evidence in respect of which the communication was declared
admissible, the principles of procedural fairness have not been respected, and that the Federal Government remains
prejudiced in its ability to respond to the Band's claim.
26.2
In respect of the alleged violations of articles 14, paragraph 1, and 26, the State party rejects as
"totally unfounded" the claim that it failed to provide the Band with an independent and impartial tribunal for the
resolution of its claims: the long tradition of impartiality and integrity of Canadian courts includes numerous cases
won by aboriginal litigants. It is submitted that the Band has failed to adduce any evidence that would indicate that
the judiciary acted any differently in proceedings concerning the Lubicon Lake Band. Furthermore, the State party
claims that the responsibility for major delays in the resolution of the Band's court actions lies largely with the Band
itself. Not only did the Band fail to take the necessary steps to move any of the actions it initiated forward and refuse
to co-operate with the Federal Government in the action it had initiated in an effort to resolve the matter, but, in
addition, on 30 September 1988, the Band declared that it refused to recognize the jurisdiction of the Canadian
courts, thus undermining any attempt to obtain a resolution through the judicial process.
26.3
The State party provides a detailed outline of the chronology of the judicial proceedings in the
Band's case. Three court actions in respect of the Band remain outstanding. The first of these was initiated by the
Band in the Federal Court of Canada against the Federal Government. This action has not moved forward since 1981
although, according to the State party, it was the Band's responsibility to take the next step in this suit. The second
action was initiated by the Band in the Alberta Court of Queen's Bench against the province and some private
corporations. After the Band was denied an interim injunction in 1985, it did not take substantive steps in the
proceedings and abandoned its appeal against the Court's refusal to add the Federal Government as a party. The third
action was initiated by the Federal Government in May 1988 in an attempt to overcome jurisdictional wrangles, to
bring both the Provincial and Federal Governments and the Band before the same courts, and to finally resolve
matters. The Band chose not to participate in this action, despite the efforts of the Chief Justice of the Court of
Queen's Bench of Alberta to expedite matters - this action remains in abeyance. For the State party, each of the
above court actions provides a vehicle by which the Band could resolve its claims.
26.4
In addition to judicial proceedings, the State party maintains, the Federal Government has sought to
settle matters with the Lubicon Lake Band by way of negotiation. Thus, the offers put forward during these
negotiations (outlined in para. 24.1 above) met virtually all of the author's claim in full or to a large extent. The State
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