The Alberta government is set to present a new bill on Monday that may compel teachers to resume teaching this week, as per some experts’ predictions.
This forthcoming legislation, known as Bill 2 or the Back to School Act, was hinted at last week through an order paper posted on the Alberta legislature’s website. An order paper outlines the motions government members and MLAs plan to introduce during a legislative session.
The proposed law follows a three-week strike by Alberta teachers starting on October 6. The provincewide strike, a first in history, occurred after prolonged negotiations and two unsuccessful agreements with the government.
Representing around 51,000 striking teachers, the Alberta Teachers’ Association (ATA) has emphasized the urgency to tackle significant issues like salaries, oversized classes, complex teaching environments, and inadequate resources.
Jason Foster, a labor relations professor at Athabasca University, suggests that the bill would likely declare the strike illegal and mandate teachers to return to work. This action would refer unresolved matters to an arbitrator for final contract decisions and terms.
Foster also mentioned the possibility of the government imposing penalties on teachers who resist the back-to-work orders.
If the bill is approved before Tuesday, Foster anticipates teachers being compelled to resume classes by Thursday.
A statement from Finance Minister Nate Horner’s office indicates the government’s intent to pass the legislation swiftly to facilitate a prompt return to school for students.
The Alberta Teachers’ Association president, Jason Schilling, disclosed that the union lacks detailed information regarding the bill. Should the bill fail to address key concerns affecting teachers in Alberta, the union may contemplate legal action, a strategy employed successfully in 2002 when teachers challenged emergency legislation.
Foster cautioned that a legal challenge this time might yield different results compared to the 2002 case, where the strike was deemed a public emergency. Any new legal proceedings would likely focus on the bill’s compatibility with the Charter of Rights and Freedoms.
Foster also highlighted the possibility of the government invoking the notwithstanding clause in the bill to prevent legal challenges from the teachers’ union. This clause allows provincial governments to override certain rights temporarily. The Alberta Federation of Labour has expressed concerns about potential usage of this clause.
Using the notwithstanding clause could provoke discord within Alberta’s labor sector, as Foster pointed out, signifying an acknowledgment of breaching teachers’ protected rights and potentially sparking broader labor involvement in the issue.