Teachers Challenge Alberta Law Using Notwithstanding Clause
Alberta teachers are taking Premier Danielle Smith’s government to court over the use of the notwithstanding clause to end their strike, arguing it overrides their Charter rights. Some members of Smith’s caucus note growing public anger directed at them.
Union Legal Action
Jason Schilling, head of the Alberta Teachers' Association, announced the union has filed an application requesting a judge to immediately suspend the law, either completely or partially, pending a full constitutional review. The hearing is scheduled for 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,"
Schilling said the law infringes on teachers' rights to freedom of association and expression and warned that if not challenged, it could set 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 Response
Justice Minister Mickey Amery stated the government will defend the bill strongly 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.
Amery later expressed confidence in the government’s legal position, saying the law around the Charter is well established.
Summary
The Alberta teachers’ union has launched a legal challenge against the government’s use of the notwithstanding clause, asserting it violates Charter rights and threatens legal protections for workers and citizens.