The Mississaugas of Scugog Island First Nation sought judicial review of several Ontario Labour Relations Board (OLRB) decisions.
The OLRB had certified a union for employees at a casino located on the First Nation's reserve.
The First Nation subsequently passed its own Labour Relations Code and argued that it superseded the provincial Labour Relations Act, 1995, based on aboriginal and treaty rights under s. 35 of the Constitution Act, 1982.
The Divisional Court dismissed the application, upholding the OLRB's findings that it had jurisdiction to decide the constitutional question and that the First Nation failed to establish an aboriginal or treaty right to regulate labour relations.
The court also found that the OLRB's procedural rulings were not patently unreasonable.
