The Alberta Teachers’ Association has initiated a constitutional challenge against a provincial government law that compelled teachers throughout the province to return to work and enforced a new contract. During a news briefing in Edmonton, ATA president Jason Schilling announced that the association has filed the challenge in Alberta’s Court of King’s Bench, seeking an injunction against the Back to School Act, also known as Bill 2.
The ATA is requesting the court to temporarily halt some or all of the effects of Bill 2 while the constitutional challenge is underway. The bill utilized the notwithstanding clause to shield the government from legal disputes. Schilling criticized this move, labeling it as an abuse of power and emphasizing that the clause was not invoked to protect children, preserve democracy, or address an emergency.
Approximately 51,000 public, Catholic, and francophone teachers affiliated with the ATA went on strike on October 6 after rejecting contract offers twice. Subsequently, they were locked out on October 9. The Alberta government introduced the Back to School Act about three weeks after the strike commenced, making any strike or lockout illegal.
Schilling expressed the ATA’s intention for the court to rule the government’s use of the notwithstanding clause as improper and invalid, asserting that the government acted unconstitutionally by shielding itself from judicial scrutiny. He highlighted that the implications of this case extend beyond teachers to impact all Albertans.
If the court suspends the effects of the law, Alberta teachers may regain the legal right to strike; however, Schilling noted that the ATA has yet to decide whether teachers would resume striking in such a scenario. Alberta Justice Minister Mickey Amery stated that the government will review the ATA’s court applications and emphasized the government’s commitment to defending the Back to School Act.
Critics have contended that the government could have mandated teachers to return to work and engage in mediation or binding arbitration without suspending their charter rights. Legal experts have indicated that the ATA faces a challenging legal battle, citing past deference of courts to provinces that have invoked the notwithstanding clause. Interested parties, including the BC Civil Liberties Association, may seek intervenor status in the case.
Supporters of the ATA’s cause, including Alberta NDP education critic Amanda Chapman, have lauded the association for challenging the government’s actions. Chapman highlighted concerns over the treatment of educators and the lack of clarity regarding the government’s promised hiring of additional teachers and educational assistants. The ATA has received donations from labor groups across Canada and the U.S. to support its legal fight.
