Is there an exception to provincial labour laws that apply to Indians and land reserved for Indians?

Alberta, Canada


The following excerpt is from Stoney Tribal Council v. PanCanadian Petroleum Ltd., 1998 ABQB 286 (CanLII):

The second exception is, for lack of a better term, "Indianness". That is, an otherwise acceptable provincial law is inoperable as to Indians and land reserved for Indians if it affects "an integral part of primary federal jurisdiction" in that field (Four B Manufacturing Limited v. United Garment Workers, 1979 CanLII 11 (SCC), [1980] 1 S.C.R. 1031 at 1047). One category of this exception relates to land use. In Four B, the court held that provincial labour laws applied to a business located on reserve lands, with Indian ownership and with Indians as a majority of the employees. This decision was based on the operational nature of the business (the production of shoe components).

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