Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers have taken Premier Danielle Smith’s government to court, arguing that its decision to use the notwithstanding clause to end their strike violates their Charter rights and undermines democratic principles.
Union’s Legal Action
Jason Schilling, president of the Alberta Teachers' Association, announced that the union has filed an application seeking an injunction to suspend the law, either partially or entirely, until a constitutional challenge is heard.
The first court 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,”
Schilling told reporters, emphasizing that the legislation infringes on teachers’ rights to freedom of association and expression.
“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 Response
Justice Minister Mickey Amery said the government intends to firmly defend its position in court.
“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 explained, later noting that the government believes the law concerning the Charter is well-settled and stands on solid ground.
Author’s Summary
Alberta teachers are taking legal steps against Premier Smith’s government, accusing it of misusing the notwithstanding clause to end their strike and threatening fundamental rights.