Union leaders in Alberta are issuing a stern warning in response to the possibility of the provincial government utilizing the notwithstanding clause to push teachers back to work through upcoming legislation. The Alberta Federation of Labour (AFL), representing over 350,000 workers, held discussions with the Common Front, a coalition of unions in the province, to address the impending back-to-work laws.

AFL President Gil McGowan emphasized the message conveyed to the premier following the meeting, urging against the use of the notwithstanding clause. This legal provision, also known as Section 33 within the Canadian Charter of Rights and Freedoms, grants provinces the authority to override legal challenges to their laws.

While the government has not confirmed the clause’s application, concerns persist that it may be integrated into Bill 2, the anticipated legislation aimed at compelling teachers to return to work after commencing strikes in early October. McGowan highlighted the readiness of the labor movement to react to any unprecedented actions taken by the government.

Premier Danielle Smith’s administration has not previously employed the notwithstanding clause. However, internal documents suggest its potential usage to enforce contentious laws affecting transgender students. In response to the prospect of a province-wide strike if the clause is invoked, Premier Smith emphasized the importance of balancing various stakeholders’ rights.

Alberta Teachers’ Association President Jason Schilling cautioned that invoking the notwithstanding clause would not only impact the ongoing teacher strike but also have broader implications for other unions and citizens of Alberta. Drawing on a past incident in Ontario, where the notwithstanding clause led to widespread school closures due to a labor dispute, McGowan underscored the significance of avoiding such measures in Alberta to safeguard workers’ rights.