NATIVE PEOPLES |
New Brunswick Aboriginal Peoples Council v. Canada (Adjudicator, Labour Code)
T-1872-02
2003 FC 1181, Pinard J.
10/10/03
5 pp.
Judicial review of decision by adjudicator appointed pursuant to Canada Labour Code (Code), s. 242, that labour relations between applicant and employees fall within federal jurisdiction as integral part of primary federal jurisdiction over Indians or lands reserved for Indians--Here, applicant engaged in activities of federal nature--Applicant's activities relate to "Indianness" of its members, even though many of those members not status Indians--One of main goals of applicant's society "to fight for treaty rights and status for those currently disenfranchised under Indian Act"--This objective, combined with applicant's primary position members of Aboriginal ancestry entitled to similar benefits as those with status under Indian Act, and fact applicant primarily funded by federal government, means applicant's primary function falls under federal jurisdiction over "Indians, and land reserved for Indians"--Judicial review dismissed --Canada Labour Code, R.S.C., 1985, c. L-2, s. 242--Indian Act, R.S.C., 1985, c. I-5.