Teachers challenge Alberta law using notwithstanding clause to end strike

Teachers Challenge Alberta Law Using Notwithstanding Clause

Alberta teachers are taking Premier Danielle Smith’s government to court over the use of the notwithstanding clause to end their strike, arguing it overrides their Charter rights. Some members of the government caucus note rising public outrage directed at them.

Legal Action Initiated

Jason Schilling, head of the Alberta Teachers' Association, announced that the union filed an application to the court seeking an immediate pause on the law—either fully or partially—while a complete constitutional challenge proceeds. The hearing is set for November 20 at 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."

Concerns Over Rights Violation

Schilling emphasized the law breaks teachers' rights to freedom of association and expression. He warned that ignoring this legal challenge could set a troubling precedent affecting 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 Defense

Justice Minister Mickey Amery stated the government will robustly defend the bill in court, explaining the invocation of the notwithstanding clause aimed to ensure students and parents have certainty that children could return to and remain in classrooms.

"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 later expressed confidence in the legal standing of the law regarding the Charter.

Summary

Alberta teachers are legally contesting the government's use of the notwithstanding clause to end their strike, highlighting concerns over Charter rights and setting a critical precedent for government authority limits.

HighRiverOnline — 2025-11-07