The appellant First Nation enacted its own labour relations code after a union was certified to represent workers at a casino located on its reserve.
The appellant argued that its code displaced the provincial Labour Relations Act based on its aboriginal and treaty rights under s. 35 of the Constitution Act, 1982.
The Court of Appeal dismissed the appeal, finding that the appellant failed to establish an aboriginal practice, custom, or tradition that supported the right to enact a labour relations code.
The Court also held that the Crown did not breach its duty to consult and accommodate, as the appellant's claim was not sufficiently credible and the appellant had taken unilateral action.
