The employer, Great Blue Heron Gaming Company, and the Mississaugas of Scugog Island First Nation brought motions to stay a decision of the Ontario Labour Relations Board (OLRB) pending judicial review.
The OLRB had determined that the Ontario Labour Relations Act applied to the employer's casino operations on the reserve, rejecting the First Nation's argument that its own Labour Code applied pursuant to aboriginal rights under s. 35 of the Constitution Act, 1982.
The Divisional Court dismissed the stay motions, finding that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, and the balance of convenience favoured allowing collective bargaining to proceed for the 800 employees who had voted for union representation over a year prior.
