Alberta union leaders are cautioning against the potential use of the notwithstanding clause by the provincial government to compel teachers to return to work. The Alberta Federation of Labour (AFL), which represents over 350,000 workers, including various unions like the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, conveyed a strong message to Premier Danielle Smith to refrain from invoking the notwithstanding clause.
The notwithstanding clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, permits provincial and territorial governments to override legal challenges to their legislation. While the government has not confirmed its intention to use the clause, concerns have been raised that it may be included in Bill 2, the proposed back-to-work legislation scheduled for introduction in the Alberta legislature.
If the clause is invoked in Bill 2, AFL president Gil McGowan emphasized that the labor movement is prepared to respond vigorously. The possibility of a general strike was discussed during a meeting with union leaders, although the specific course of action will depend on the content of the legislation.
Premier Danielle Smith’s government has not utilized the notwithstanding clause previously, but there have been indications that it may consider invoking it for contentious laws affecting transgender students. In response to the potential of a provincewide strike, Premier Smith highlighted the importance of balancing the rights of taxpayers, parents, and students.
Alberta Teachers’ Association president Jason Schilling expressed concerns that the use of the notwithstanding clause in this context could have broader implications for other unions and rights in Alberta. He stressed the need for close monitoring of the situation and readiness to respond accordingly.
Drawing parallels with a past incident in Ontario, where the notwithstanding clause was used to prevent an education workers’ strike, Gil McGowan underscored the significance of avoiding such measures. He warned of the potential repercussions if Alberta were to employ the notwithstanding clause, emphasizing the broader implications beyond the immediate teacher strike.
