The applicant First Nation brought a motion to stay proceedings before the Ontario Labour Relations Board pending judicial review.
The applicant challenged the Board's jurisdiction to decide constitutional questions regarding the applicability of labour laws to aboriginal persons.
The Divisional Court dismissed the motion, finding that the applicant failed to establish a strong prima facie case that the Board lacked jurisdiction, as the Board has the concomitant jurisdiction to decide constitutional questions arising from its power to determine questions of law.
The Court also reiterated its practice of refusing to fragment administrative proceedings absent extraordinary circumstances.
