Lai v. Canada ( Minister of Employment and Immigration )
IMM-307-93
McKeown J.
20/5/94
3 pp.
Application for judicial review of Board's decision applicants, citizens of People's Republic of China, not Convention refugees -- Substantive issue relating to China's family planning laws and forced abortion undergone by female applicant -- Cheung v. Canada (Minister of Employment and Immigration), [1993] 2 F.C. 314 (C.A.) and Chan v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. 675 (C.A.) changed law with respect to forced sterilization being considered persecution -- Forced abortion equivalent or worse than forced sterilization -- Proper question not whether female claimant forced to undergo abortion in past, but whether reasonable chance of her being forced to undergo one if returned to China -- Previous forced abortion relevant to answer to proper question, but other evidence will have to be considered, such as local practices -- Case distinguishable from Chan as woman herein has already undergone forced abortion, whereas in Chan claimant left country before undergoing sterilization -- Application allowed.