In U.N.A. v. Aakon-Kiyii (Peigan/Piikani) Health Services, the Alberta Labour Relations Board (ALRB) asked, “[P]ut simply for this decision — does jurisdiction over labour relations in health services on Reserve rest with the Province of Alberta or Canada?” Great, succinct issue, but what about the First Nations themselves?
Ultimately, the ALRB determined that the province, not the federal government (or the First Nation for that matter, but then again, that was never the issue…) has jurisdiction over labour relations in health services, even when those services are provided “exclusively on Reserve and almost solely for their respective band members . . . .”
Both aboriginal respondents argued that the ALRB has no jurisdiction over employee/employer relations between a sovereign Indian band or entities under its control when the relationship is conducted on the reserve.
This decision follows closely on the Supreme Court’s heels of NIL/TU, O Child and Family Services Society v. B.C. Government and Service Employees’ Union, [2010] S.C.J. No. 45 and CEP v. Native Child and Family Services of Toronto, [2010] S.C.J. No. 46.
Turtle Talk 