The NIL/TU,O Child and Family Services Society is a First Nation organization that provides child and family services to seven First Nations in British Columbia. The B.C. Government and Service Employees' Union applied to the B.C. Labour Relations Board for certification as the bargaining agent for NIL/TU,O's employees. NIL/TU,O opposed provincial certification, arguing that its labour relations come under federal jurisdiction over "Indians" (Constitution Act, 1867, s. 91(24)). The Supreme Court decided that child welfare is presumptively under provincial jurisdiction. Applying a functional test, the majority held that the nature, operations and activities of NIL/TU,O are essentially in relation to child and family services and are not sufficiently federal to rebut the presumption of provincial jurisdiction. As the case could be decided on this basis, it was not necessary to decide whether child and family services are within the core of federal jurisdiction. The concurring minority thought the issue of the core of federal jurisdiction had to be addressed and that the functional test applied to determine whether the activities of NIL/TU,O are within that core. The minority judges were of the opinion that the child and family services in question are not within the core and so the provincial legislation applied. The entire Court therefore agreed that the certification under the BC legislation should be upheld.