The Alberta Teachers’ Association has commenced a constitutional challenge against a provincial government statute mandating educators province-wide back to work and enforcing a new contract. During a news conference in Edmonton on Thursday, ATA president Jason Schilling announced that the application, lodged in Alberta’s Court of King’s Bench, also requests an injunction against the Back to School Act, also known as Bill 2.
The association aims for the court to temporarily halt “some or all” of the impacts of Bill 2 while considering the constitutional challenge, as per the court filing. Bill 2 utilized the notwithstanding clause to shield the government from legal challenges.
Schilling denounced the government’s actions, stating, “Let’s call this what it is — it is an abuse of power. This clause was not employed to protect children, preserve democracy, or address an emergency. It was used to win an argument.”
Approximately 51,000 public, Catholic, and francophone teachers affiliated with the ATA initiated a strike on October 6 after rejecting contract offers twice. They were subsequently locked out on October 9.
About three weeks after the strike disrupted classes, the Alberta government introduced the Back to School Act, criminalizing any strikes or lockouts. The bill also enforced one of the contracts previously rejected by teachers in September and preemptively invoked the notwithstanding clause to prevent legal challenges.
Schilling emphasized that the ATA aims to have the court declare the government’s use of the notwithstanding clause as improper and invalid, asserting that the government acted unconstitutionally by shielding itself from judicial review.
The Alberta Justice Minister, Mickey Amery, mentioned that the government will carefully review the ATA’s court applications. Amery stated, “We brought forward back-to-work legislation along with the notwithstanding clause to provide finality to this situation and ensure our children return to schools.”
Moreover, Schilling highlighted that the outcome of the legal battle holds significance for all Albertans. If the court suspends the law’s effects, Alberta teachers may regain the legal right to strike, although Schilling noted that the ATA has yet to decide whether teachers would strike again in that scenario.