Judicial review granted; tribal council's labour relations found to fall under provincial, not federal, jurisdiction.
The applicant, a non-profit tribal council providing advisory services to five First Nations, sought judicial review of a federal Adjudicator's preliminary finding that the applicant's labour relations fell under exclusive federal jurisdiction.
The underlying matter was an unjust dismissal complaint under the Canada Labour Code by a former employee.
The Federal Court granted the application, finding that the Adjudicator erred by failing to properly apply the functional test from NIL/TU,O. The Court held that the applicant's essential character involved provincial activities such as education, health care, and technical support, and the fact that it served First Nation communities did not oust the presumption of provincial jurisdiction over its labour relations.
