Executive Summary: Key Legal and Evidentiary Issues

• Judicial review focused on the Workers’ Compensation Appeal Tribunal’s (WCAT) jurisdiction and certification under section 311 of the Workers Compensation Act (WCA).

• WCAT found the petitioner’s injuries arose out of and in the course of employment, triggering a statutory bar to court proceedings under section 127 of the WCA.

• Malahat Nation and the individual respondents were determined to be “workers” or an “employer” within the meaning of the WCA.

• Petitioner’s constitutional and jurisdictional arguments were dismissed due to non-compliance with the Constitutional Question Act notice requirements.

• Allegations of abuse of process and procedural unfairness were rejected; the tribunal process was found fair and reasoned.

• Supreme Court dismissed the petition and awarded ordinary costs to Malahat Nation, Mr. Handysides, and Ms. Krull.

Facts and outcome of the case

Amy Andreasen was employed as Director of Finance for Malahat Nation, a First Nations government, on Vancouver Island. On March 25, 2019, she was assaulted at work by a community member, which resulted in both physical and psychological injuries. She began receiving workers' compensation benefits from the Workers’ Compensation Board (WCB) starting in November 2019. Although she remained off work from July 2019 onwards, she continued to receive certain employment-related benefits until mid-2021.

In August 2020, Ms. Andreasen filed a civil suit against Malahat Nation, later adding senior employees Joshua Handysides and Lauren Krull as defendants. She alleged multiple torts, including defamation and interference with economic relations, alongside claims of constructive dismissal. In response, the defendants applied for certification under section 311 of the Workers Compensation Act (WCA), asserting that her injuries were employment-related and thus barred under section 127 of the Act.

The Workers’ Compensation Appeal Tribunal (WCAT) reviewed the matter and issued a certificate on January 5, 2024. It concluded that Ms. Andreasen, as well as Mr. Handysides and Ms. Krull, were “workers” under the WCA and that Malahat Nation was an “employer.” The tribunal determined her injuries arose out of and in the course of her employment, rendering most of her claims subject to the statutory bar. The only exception was her constructive dismissal claim, which WCAT acknowledged was not certifiable under section 311 as it did not relate to personal injury.

Ms. Andreasen filed for judicial review on March 4, 2024, arguing that WCAT lacked jurisdiction because Malahat Nation was a federally regulated workplace, and federal laws such as the Canada Labour Code and Canadian Human Rights Act applied. She also alleged procedural unfairness and abuse of process. The BC Supreme Court held a five-day hearing from June 2–6, 2025, and issued its decision on July 10, 2025.

Justice Chan dismissed the petition, finding the WCAT decision was not patently unreasonable and fell within the tribunal's exclusive jurisdiction. The court held that the WCA applied to Malahat Nation, relying on prior case law confirming the Act’s applicability to First Nations employers. The judge also concluded that WCAT followed a fair process, appropriately declined to consider constitutional arguments due to lack of required notice under the Constitutional Question Act, and reasonably found the petitioner’s injuries to be work-related.

The court awarded ordinary costs to the successful respondents—Malahat Nation, Mr. Handysides, and Ms. Krull. No damages were awarded, as the petition was for judicial review rather than a trial on the merits of the civil claims. WCAT and the Attorney General of British Columbia, who also participated, did not seek costs.