The appellants challenged the validity of a 1908 surrender of Indian reserve lands by the Enoch Band.
At the surrender meeting, a majority of the eligible male members were present, and a majority of those present voted in favour of the surrender, but the assenting members did not constitute an absolute majority of all eligible male members of the band.
The Supreme Court of Canada held that under section 49(1) of the Indian Act, a valid surrender requires only that a majority of eligible members attend the meeting, and that a majority of those present assent to the surrender.
The appeal was dismissed.
