Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers are taking Premier Danielle Smith’s government to court, arguing that the invocation of the notwithstanding clause to end their strike violates their Charter rights. The Alberta Teachers' Association, led by Jason Schilling, has filed an application requesting an immediate pause of the legislation—either fully or partially—until a constitutional challenge can be fully heard.
The case is set to be heard on November 20 at the 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," said Jason Schilling.
Schilling emphasized that the law infringes on teachers' freedoms of association and expression, warning that if this challenge fails, it could create a risky 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."
Justice Minister Mickey Amery responded that the government will defend the bill vigorously 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 said.
He also expressed confidence in the legal foundation of the law, stating that the government's position on the Charter is well-established.
Public Reaction and Political Context
Some members of Premier Smith’s caucus have reported growing public anger directed at them in response to the government's handling of the strike and the legal measures taken to end it.
Summary
The Alberta Teachers' Association is legally challenging the government's use of the notwithstanding clause, asserting it violates Charter rights, while the government maintains its actions ensure classroom stability and stand on firm legal ground.