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ARTICLE · 27 MAY 2014

Provincial Authority Looms Over Employment At First Nations

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In Canada, jurisdiction over employment law is ordinarily within the authority of each province, unless the employer or activity is "federal" in nature.

CanadaEmployment and HR
Mark Josselyn
Mark Josselyn
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In Canada, jurisdiction over employment law is ordinarily within the authority of each province, unless the employer or activity is "federal" in nature.  Much of the time this is a straightforward distinction but in certain areas, such as the regulation of employment related to First Nations, it is much trickier.  Although pronounced upon not long ago by the Supreme Court of Canada in NIL/TU, O Child and Family Services Society v. B.C. Government and Service Employees' Union, 2210 SCC 45 ("NIL/TU, O") the test in that ruling has not delivered consistent or predictable results in cases since.  

The latest Federal Court pronouncement on this issue came December 20, 2013 in Fox Lake Cree Nation v. Denis Anderson, 2013 F.C. 1276.  Mr. Justice Zinn had to decide whether the adjudicator appointed pursuant to the Canada Labour Code had jurisdiction to hear certain claims for unjust dismissal, unpaid overtime and vacation pay.  The claimant was Denis Anderson, an employee

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