W. 6. Donnelly

The applicant union sought certification for crews on commercial fishing boats operating on Lake Erie.

The respondent boat owners raised preliminary objections, arguing that fishing crews are excluded from the Ontario Labour Relations Act as persons employed in 'hunting or trapping' under section 2(b), and alternatively, that labour relations in the fishing industry fall under exclusive federal jurisdiction pursuant to the 'Navigation and Shipping' or 'Sea Coast and Inland Fisheries' powers of the Constitution Act, 1867.

The Ontario Labour Relations Board dismissed both objections.

The Board held that fishing is distinct from hunting and trapping, and that the intra-provincial commercial fishing operations are not integral to the federal powers over navigation or the preservation of fisheries as a natural resource.

Consequently, the Board asserted jurisdiction to hear the certification applications.