The applicant union filed multiple applications for certification, and pre-hearing representation votes were held.
At the initial hearing, the respondents requested a stay of proceedings, arguing that labour relations in fisheries fall under federal jurisdiction and that a constitutional challenge was pending in the courts.
The Board declined to stay the proceedings, affirming its jurisdiction to determine its own constitutional jurisdiction in the first instance.
The Board also declined the union's request to require notice to the Attorneys General, distinguishing between Charter challenges, where notice is required, and division of powers cases, where the Board is merely determining its threshold jurisdiction.
