Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers are taking Premier Danielle Smith’s government to court, arguing that the use of the notwithstanding clause to end their strike overrides their Charter rights. The Alberta Teachers' Association filed an application seeking an immediate pause on the law, either fully or partially, until a full constitutional review takes place.
Legal Action and Court Hearing
Jason Schilling, head of the Alberta Teachers' Association, announced the case will be heard on November 20 at the Edmonton Court of King's Bench. He explained that the teachers want the court to declare the government's invocation of the notwithstanding clause as improper and invalid, citing violations of their freedom of association and expression.
"This legal action is not symbolic. We are standing up for the Charter itself, for the rule of the law and for the limits that protect citizens from arbitrary government decisions."
Schilling warned that if the law is not challenged, it could create a dangerous precedent that affects other workers and citizens.
Government Response
Justice Minister Mickey Amery stated the government will strongly defend the bill in court. He explained the notwithstanding clause was employed to ensure students and parents have certainty that children can return to and remain in classrooms.
"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 added confidence in the government's position, saying the Charter-related law is well established.
Public Reaction
Some members of Premier Smith’s caucus report that public frustration directed toward the government is intensifying amid the ongoing dispute.
Author's summary: Alberta teachers legally contest the government's use of the notwithstanding clause to end their strike, emphasizing the protection of Charter rights and warning against harmful precedents.