Teachers Challenge Alberta Law Using Notwithstanding Clause to End Strike
Alberta teachers are suing Premier Danielle Smith’s government, arguing the use of the notwithstanding clause to end their strike violates their Charter rights. Some members of the Premier’s caucus report growing public backlash.
Jason Schilling, president of the Alberta Teachers' Association, announced on Thursday that the union filed an application requesting a judge to temporarily suspend the law wholly or partially until a full constitutional review is conducted. The court hearing is set for November 20 in 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.
He argued the law infringes on teachers' freedoms of association and expression. Ignoring this challenge, he warned, could create 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 the law and for the limits that protect citizens from arbitrary government decisions."
Justice Minister Mickey Amery stated the government will strongly defend the legislation 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 also mentioned to reporters that the law related to the Charter is well-established and expressed confidence in the government's position.
Summary: Alberta teachers legally contest the government's use of the notwithstanding clause to halt their strike, defending fundamental Charter rights amid political and public tension.