The appellant union applied to the Canada Industrial Relations Board for certification as the bargaining agent for the employees of a children's aid society providing services to Aboriginal families in Toronto.
The agency challenged the application, arguing its labour relations fell under exclusive provincial authority.
The Supreme Court of Canada held that the essential function of the agency is to deliver child welfare services, which is a provincial function.
The presumption of provincial jurisdiction over labour relations was not displaced by the Aboriginal aspects of the agency's operations.
