The appellant, an Aboriginal child welfare agency, provides services to Aboriginal children and families in British Columbia.
The respondent union applied to the provincial Labour Relations Board for certification as the bargaining agent for the appellant's employees.
The appellant objected, arguing its labour relations fell within federal jurisdiction under s. 91(24) of the Constitution Act, 1867.
The Supreme Court of Canada dismissed the appeal, holding that the essential nature of the appellant's operation is the provision of child welfare services, a provincial matter.
Applying the functional test, the Court concluded that the appellant is a provincial undertaking and its labour relations are subject to provincial jurisdiction.
