Gerald Donegan

The appellant Indian band sought a declaration that a permit granting a right-of-way for an electric power transmission line across its reserve was void.

The permit, issued under s. 28(2) of the Indian Act, was granted for 'such period of time as the right-of-way is required'.

The band argued that this indefinite period amounted to a permanent alienation requiring a formal surrender under s. 37 of the Act.

The Supreme Court of Canada held that the permit was validly issued under s. 28(2), as the duration of the easement, while indeterminate, was bounded by an ascertainable event (when the line is no longer required) and did not constitute a grant in perpetuity.

The appellant, a citizen of China, sought Convention refugee status claiming a well-founded fear of persecution by forced sterilization for violating China's one-child policy, and for his pro-democracy political opinions.

The Immigration and Refugee Board rejected his claim, finding that forced sterilization was a general population policy, not persecution.

The Federal Court of Appeal dismissed his appeal.

The Supreme Court of Canada dismissed the appeal, holding that while forced sterilization might constitute persecution of a particular social group, the appellant failed to provide sufficient evidence to establish that his fear of forced sterilization was objectively well-founded on a balance of probabilities.