Injunction granted against Alberta order keeping some children out of classrooms during strike

A judge has granted an injunction against a ministerial order keeping some children out of the classroom during a labour dispute.

The Court of King’s Bench has granted an injunction to suspend a ministerial order that has prevented some children from attending school for more than a month during a labour dispute.

The order was issued on Jan. 12 and signed by Alberta Minister of Education Demetrios Nicolaides.

It came the day before a strike by members of CUPE 3550, which represents educational assistants (EAs) with Edmonton Public Schools.

The injunction provides the minister until Feb. 27 to consider a new ministerial order.

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The order allowed the school board to require children with “complex needs” to stay home from school and engage in full- or part-time learning at home during the strike.

A group of parents and guardians of impacted children took the province to court over the order, calling it discriminatory.

The province argued the health and safety of the students would be at risk if they were allowed in school without EAs.

“We are pleased with the court’s decision today. All children have the right to learn and the minister’s order was unjust and cruel,” CUPE Alberta president Rory Gill said in a news release after the decision on Thursday.

Edmonton Public Schools sent a letter to parents on Thursday about the decision.

“Given this decision, we are currently awaiting further instructions from Alberta Education about ongoing actions related to the injunction,” Superintendent Darrel Robertson wrote.

“While we await further direction from Alberta Education, our current contingency plans remain in place. This means that students who are presently on alternative learning arrangements will have to continue with those arrangements.”

Minister of Education Nicolaides said the province is reviewing the judge’s decision.