Canada (Attorney General) v. Munsee-Delaware Nation

Canada (Attorney General) v. Munsee-Delaware Nation

The Federal Court held that Francis (St-Regis line) remains good law and was binding; the functional test applied to a Band Council engaged in governance and administration of reserve affairs yields a federal undertaking under s.91(24), so the Adjudicator erred in concluding provincial jurisdiction following NIL/TU,O; the adjudicator's decision was quashed and the matter was returned for determination under the Code.

Citation
2015 FC 366
Parties
Applicant (t 1043 13); Respondent (t 1030 13): Attorney General of Canada; Respondent: Munsee-Delaware Nation; Respondent (t 1043 13); Applicant (t 1030 13): Crystal Flewelling; Respondent (t 1030 13): Attorney General of Ontario
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 March 2015
Procedural Posture
Judicial Review of Adjudicator Decision Re: Unjust Dismissal Under the Canada Labour Code / Final Judgment on Judicial Review (decision Rendered)
Outcome
Judicial review granted; Adjudicator's May 10, 2013 decision quashed; matter referred back to Adjudicator for determination under the Canada Labour Code; costs awarded against Munsee-Delaware Nation.
Legal Topics
Division of Powers, Federal Jurisdiction Over Indian Bands, Canada Labour Code Applicability, Jurisdiction of Adjudicator, Unjust Dismissal
Source Language
English
Constitutional Law Labour Law Administrative Law Aboriginal Law Division of Powers Federal Jurisdiction Over Indian Bands Canada Labour Code Applicability Jurisdiction of Adjudicator +1 more

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Parties

Attorney General of Canada

Applicant (t 1043 13); Respondent (t 1030 13)

Munsee-Delaware Nation

Respondent

Crystal Flewelling

Respondent (t 1043 13); Applicant (t 1030 13)

Attorney General of Ontario

Respondent (t 1030 13)

Procedural Posture

Judicial Review of Adjudicator Decision Re: Unjust Dismissal Under the Canada Labour Code / Final Judgment on Judicial Review (decision Rendered)

Legal Issues

  1. 1 Whether the Canada Labour Code applies to employment of Munsee-Delaware Nation employees or provincial labour law applies
  2. 2 Whether the Adjudicator erred in relying on NIL/TU,O to find provincial jurisdiction over a Band Council's administrative employees
  3. 3 Whether Francis (St-Regis line) remains good law and binding

Ratio Decidendi

The Federal Court held that Francis (St-Regis line) remains good law and was binding; the functional test applied to a Band Council engaged in governance and administration of reserve affairs yields a federal undertaking under s.91(24), so the Adjudicator erred in concluding provincial jurisdiction following NIL/TU,O; the adjudicator's decision was quashed and the matter was returned for determination under the Code.

Court Disposition

Judicial review granted; Adjudicator's May 10, 2013 decision quashed; matter referred back to Adjudicator for determination under the Canada Labour Code; costs awarded against Munsee-Delaware Nation.

Orders

  • The application for judicial review is granted.
  • The decision of the Adjudicator dated May 10, 2013 is quashed.