The Alberta Teachers’ Association is considering legal options to contest back-to-work legislation enforced by the provincial government. ATA president Jason Schilling stated that they will vigorously oppose this misuse of power using all available legal means and their utmost conviction.
The Back to School Act utilizes the notwithstanding clause to prevent teachers from striking and to avoid courts from overturning the law. The government defended the use of the clause as necessary to prevent localized strikes and ensure uninterrupted schooling.
The ATA has not disclosed its planned actions, but legal experts and civil liberty organizations were consulted by CBC to assess the possibility of challenging the back-to-work order in court.
The notwithstanding clause, known as Section 33 of the Canadian Charter of Rights and Freedoms, permits governments to pass laws that breach certain Charter sections for up to five years. While the clause prevents the law from being overturned, legal experts highlight that courts can still assess whether the legislation violates Charter rights.
Recent cases in Saskatchewan and Quebec have challenged the notwithstanding clause in court with varying outcomes, prompting debates on the extent of court intervention post-clause invocation.
The ATA has committed to complying with the law, resulting in teachers returning to classrooms. The Canadian Bar Association’s Alberta branch has criticized the preemptive use of the notwithstanding clause, advocating for its limited use only after judicial review of legislation.
The Canadian Civil Liberties Association expressed interest in intervening in any legal challenges, emphasizing concerns about the anti-democratic nature of using the clause in this manner and its potential impact on public confidence in fundamental rights like collective bargaining.
