Determining the “Core of Indianness:” A Feminist Political Economy of NIL/TU,O v. BCGEU

In light of Bill C-92, which establishes a framework for delegating child and family service provision to Indigenous communities, this article addresses the contested regulation employment labour relations in social workplaces. It approaches subject by looking back at NIL/TU,O Child Family Services Society v. B.C. Government Service Employees’ Union, case employees First Nations services provider attempted unionize. set motion legal battle over jurisdiction that ultimately reached Supreme Court Canada 2010. The SCC’s determined labours workers NIȽ TU,O are matter provincial because they fall outside “core Indianness,“ concept used designate federal legislative power peoples. Using feminisms feminist political economy approach, we argue decision rests on gendered appraisals – and, indeed, obfuscations reproduction labour. C-92 necessitates revisiting history ways it seems conflict with new Act. We suggest uncertainty surrounding has dual potential of, one hand, being strategically exploitative or dis-possessive purposes, or, other taken up as opening increased self-determination