Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers have filed a court challenge against Premier Danielle Smith’s government, arguing that the decision to use the notwithstanding clause to halt their strike infringes upon their Charter rights. Members of her caucus have also noted growing public anger toward educators.
Legal Action and Court Proceedings
Jason Schilling, president of the Alberta Teachers’ Association, announced that the union has submitted an application requesting a judge to suspend the controversial law—either entirely or partially—until a constitutional hearing takes place. The case is set for November 20 in the Edmonton Court of King’s Bench.
“In this action, teachers will ask the court to declare that the government's use of the notwithstanding clause was improper and invalid,” Schilling told reporters.
He emphasized that the legislation restricts teachers' freedoms of association and expression. If the law remains unopposed, he warned, it could establish a troubling precedent threatening the rights of other workers and citizens.
“This legal action is not symbolic. We are standing up for the Charter itself, for the rule of law, and for the limits that protect citizens from arbitrary government decisions.”
Government’s Response
Justice Minister Mickey Amery responded that the government intends to defend the legislation vigorously.
“We invoked the notwithstanding clause because students and parents deserve full certainty that children could return to the classroom and stay in the classroom,” Amery said.
He later added that the government believes the legal issues surrounding the Charter are already clear and that it remains confident in its constitutional stance.
Author’s Summary
Alberta’s teachers are taking legal action to challenge the government’s use of the notwithstanding clause, setting up a crucial court battle over workers’ Charter rights and government authority.