Alberta Teachers’ Association launches legal challenge of legislation that forced strike to end

The Alberta teachers' union has filed a court challenge in response to the province's back-to-work legislation and the use of the notwithstanding clause.

The Alberta Teachers’ Association (ATA) will challenge the constitutionality of the legislation the Alberta government used to force striking teachers back to work.

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The ATA on Thursday filed an originating application in the Court of King’s Bench of Alberta and an interlocutory injunction to pause Bill 2 while the case is heard.

According to association president Jason Schilling, the ATA will be asking the court to declare:

• the government’s use of the notwithstanding clause improper and invalid;
• the bill’s section 14 – which the ATA says is an attempt by the government to shield itself from judicial review – unconstitutional; and
• Bill 2 a violation of the charter rights to freedom of association and expression.

“This legal action is not symbolic; it is necessary. We’re standing up for the Charter itself, for the rule of law, and for the limits that protect citizens from arbitrary government decisions. Our message to the government is simple: You may not silence teachers in the legislature with Bill 2, but you cannot silence them in the courts,” Schilling said.

“Our message to Albertans is equally clear: This fight belongs to you, too, because if the government can do this to teachers today, it can do it to nurses, to paramedics, to tradespeople, to anyone tomorrow. The rights we defend are your rights and we will defend them with everything we have. We will pursue every legal avenue to restore what was taken, not only for teachers, but for the integrity of the charter itself.”

The ATA will continue its constitutional challenge even if it is not granted the injunction.

In response, Alberta Justice Minister Mickey Amery said, “Alberta’s government will vigorously defend our 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. We remain focused on long-term stability in education, fair compensation for teachers, and protecting the best interests of students.”

• Timeline: Contract negotiations with Alberta government, teachers

Titled the Back to School Act, Bill 2 imposed on teachers a collective agreement that they widely rejected in September, including a 12-per cent salary increase over four years, additional market adjustments of up to 17 per cent for most teachers, and the hiring of 3,000 teachers and 1,500 educational assistants. It also suspended local bargaining through 2028, prohibited further striking, and stipulated financial penalties for non-compliance.

Alberta’s 50,000 teachers had been on strike for three weeks when the bill was legislated.

Errol P. Mendes, a constitutional law professor at the University of Ottawa, told CTV News Edmonton the ATA’s lawsuit is risky but could pay off.

“If they do win in the long run, it would be very significant for them, and frankly, for Canadians in general, to bring a message that these notwithstanding clauses, yes, they are legitimate in certain situations, but when they are being used illegitimately, there is a right to stand against them.”

With files from CTV News Edmonton’s Miriam Valdes-Carletti

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