The Alberta Teachers’ Association is considering legal avenues to contest the back-to-work legislation enforced by the provincial government. ATA president Jason Schilling stated that they will vigorously oppose this exercise of authority using all available legal means and their unwavering dedication.
The Back to School Act utilizes the notwithstanding clause to preemptively prevent teachers from striking and to bar courts from overturning the law. The government has defended the use of the clause to avoid localized strikes and ensure uninterrupted schooling.
The ATA has not disclosed its strategies yet. Legal experts and civil liberty organizations consulted by CBC have discussed the potential challenges to the back-to-work directive in court.
The notwithstanding clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, allows governments to pass laws that violate specific Charter sections for up to five years. Although legislation under the clause cannot be nullified, the court can still scrutinize its compliance with Charter rights, as explained by Marion Sandilands from Conway Litigation.
Recent prominent cases in Saskatchewan and Quebec have challenged laws backed by the notwithstanding clause, leading to varying legal outcomes. The philosophical question of court intervention and Charter rights violations post the clause invocation remains debated.
Despite the law’s immunity from being overturned, legal experts suggest that court rulings on the legislation’s potential infringement of freedom of association could serve as a moral victory for the union and influence public opinion.
The Alberta Teachers’ Association has committed to adhering to the law, with teachers resuming their duties. Criticism has been raised by the Canadian Bar Association’s Alberta branch regarding the preemptive use of the notwithstanding clause, advocating for its limited usage post judicial review.
The Canadian Civil Liberties Association has expressed interest in intervening if a legal challenge arises, highlighting concerns over the current application of the notwithstanding clause. Former Alberta Liberal Party MLA Howard Sapers emphasized the anti-democratic nature of this usage, which he believes undermines confidence in fundamental rights like collective bargaining.