The United Food and Commercial Workers International Union, Local 175, the union of several employees of Cuddy Chicks Ltd. (a chicken hatcher), filed a complaint to the Labour Relations Board that included a challenge of the constitutionality of the board's enabling statute which excluded agricultural workers.

The board found that it was able to consider the issue by virtue of its requirement under subsection 24(2) of the Charter and section 52 of the Constitution Act, 1867.

The court dismissed the appeal and upheld the tribunal's authority to rule in constitutional issues of its enabling statute.

However, the court limited this ability by denying the tribunal any power to strike down any part of the law.

Justice Gérard La Forest said that "a formal declaration of invalidity is not a remedy which is available to the board.