Teachers challenge Alberta law using notwithstanding clause to end strike

Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike

Alberta teachers are taking Premier Danielle Smith’s government to court over its use of the notwithstanding clause to end their strike, arguing it overrides their Charter rights. Some members of the Premier’s caucus have noted growing public frustration towards them.

Legal Action to Suspend the Law

Jason Schilling, head of the Alberta Teachers' Association, announced on Thursday that the union has filed an application requesting a judge to immediately pause the law, either fully or partially, until a comprehensive constitutional challenge can be held. 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.”

Schilling argued the law infringes on teachers’ rights to freedom of association and expression. He warned that if the law remains unchallenged, it could create a dangerous 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 Stance on the Legislation

Justice Minister Mickey Amery stated that the government will vigorously defend the bill 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 also expressed confidence in the government's position, noting that the law related to the Charter is well-established.

Summary

The Alberta Teachers' Association is challenging the government’s invocation of the notwithstanding clause, emphasizing the defense of constitutional rights against what they see as arbitrary government action.

HighRiverOnline — 2025-11-07