R. v. Paul Indian Band and Alberta (Attorney General) and Canada (Attorney General), (1983) 50 A.R. 190 (CA)

• Judge: McDermid, Haddad and Belzil, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 30, 1983
• Citations: (1983), 50 A.R. 190 (CA)

R. v. Paul Indian Band (1983), 50 A.R. 190 (CA)

MLB headnote and full text

R. v. Paul Indian Band (accused) and Attorney General of Alberta and Attorney General of Canada (intervenants)

(No. 16623)

Indexed As: R. v. Paul Indian Band and Alberta (Attorney General) and Canada (Attorney General)

Alberta Court of Appeal

McDermid, Haddad and Belzil, JJ.A.

December 30, 1983.

Summary:

An Indian band was charged under the Alberta Labour Act 1973, for failing to pay two employees wages earned by them while employed by the band as special constables. The Alberta Provincial Court, in a decision unreported in this series of reports, convicted the band. The band appealed.

The Alberta Court of Queen's Bench, in a decision filed without written reasons, dismissed the appeal. The band appealed to the Court of Appeal.

The Alberta Court of Appeal allowed the appeal and quashed the conviction. The Court of Appeal held that the Alberta Labour Act did not apply to the labour relations between an Indian band and its special constables.

Constitutional Law - Topic 6364

Federal jurisdiction - Indians - Labour relations - The Alberta Court of Appeal held that the Alberta Labour Act did not apply to the labour relations between an Indian band or its council and special constables hired by the band to enforce provincial laws, because the council was acting under its authority under the Indian Act, thus its activities constituted a federal undertaking or business and were within federal jurisdiction - See paragraphs 6 to 21.

Constitutional Law - Topic 6686

Federal jurisdiction - Federal undertakings - Ancillary powers - Labour relations - The Alberta Court of Appeal discussed the rule to determine jurisdictional competence over labour relations - The court stated that employees were classified by reference to the character or nature of the operation of the employer and to the legislative authority over that operation; labour relations in federal undertakings, services or businesses were under exclusive federal competence - See paragraphs 8 to 10.

Constitutional Law - Topic 7402

Provincial jurisdiction - Administration of justice - Extent of power or subject matter - An Indian band council hired special constables to enforce provincial laws on the reserve - The Alberta Court of Appeal held that the Alberta Labour Act did not apply to labour relations between the band and the constables, because the function in which the band and the constables were engaged did not fall within provincial jurisdiction pursuant to s. 92(14) of the Constitution Act (administration of justice within the province) - See paragraphs 6 to 21.

Cases Noticed:

Letter Carriers' Union of Canada v. Canadian Union of Postal Workers et al., [1975] 1 S.C.R. 178, appld. [para. 7].

Four B Manufacturing v. United Garment Workers of America et al., [1980] S.C.R. 1031; 30 N.R. 421, appld. [para. 7].

City of Yellowknife v. Canada Labour Relations Board et al. (1977), 14 N.R. 72; 76 D.L.R.(3d) 85 (S.C.C.), appld. [para. 7].

Montcalm Construction Inc. v. Minimum Wage Commission et al., [1979] 1 S.C.R. 754; 25 N.R. 1; 93 D.L.R. (3d) 641, appld. [para. 7].

Whitebear Band Council v. Carpenters Provincial Council of Saskatchewan et al., [1982] 3 W.W.R. 554; 15 Sask.R. 37 (Sask. C.A.), dist. [para. 7].

St. Regis Indian Band Council v. Canada Labour Relations Board et al., [1981] 1 F.C. 225; 33 N.R. 56 (F.C.A.), revsd. 44 N.R. 136; 4 C.N.L.R. 94 (S.C.C.), appld. [para. 7].

R. v. Foremost Transport Personnel and Management Services Ltd. et al. (1982), 42 A.R. 237; 23 Alta. L.R (2d) 271 (Alta. C.A.), appld. [para. 7].

Canadian Pacific Railway v. Attorney General of British Columbia, [1950] A.C. 122, dist. [para. 14].

Commission du Salaire Minimum v. Bell Telephone Co., [1966] S.C.R. 767, refd to. [para. 20].

Statutes Noticed:

Constitution Act 1867, sect. 91(24) [para. 20]; sect. 92(14) [para. 6].

Indian Act, R.S.C. 1970, c. 149, sect. 81 [para. 19].

Counsel:

J.F. Sayers, for the appellant;

J.K. Conley, for the respondent;

R.F. Taylor, for the intervenant, Attorney General of Alberta;

I.C. Hutton, Q.C., for the intervenant, Attorney General of Canada.

This appeal was heard before McDermid, Haddad and Belzil, JJ.A., of the Alberta Court of Appeal. The decision of the Court of Appeal was delivered by Belzil, J.A., at Edmonton, Alberta, on December 30, 1983.