Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers are taking Premier Danielle Smith’s government to court for overriding their Charter rights to end their strike. Some members of her caucus report rising public anger against them.
Legal Action Initiated by Teachers
Jason Schilling, head of the Alberta Teachers' Association, announced that the union filed an application on Thursday requesting a judge to immediately pause the law—either fully or partially—until a constitutional challenge is heard. The case is set for Nov. 20 in 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. If 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 Position
Justice Minister Mickey Amery stated 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 told reporters he believes the Charter-related law is well-settled and expressed confidence in the government's legal position.
Summary
The Alberta Teachers' Association is legally contesting the government's use of the notwithstanding clause, defending constitutional rights amid a heated strike resolution.