Teachers Challenge Alberta Law Overusing Notwithstanding Clause
Alberta teachers are suing Premier Danielle Smith’s government over the use of the notwithstanding clause to end their strike, claiming it violates their Charter rights. Some government caucus members report growing public backlash against their actions.
Legal Action Initiated by Alberta Teachers' Association
Jason Schilling, head of the Alberta Teachers' Association, revealed that the union filed an application to ask a judge to temporarily suspend the law, either fully or partially, until the constitutional challenge is resolved. The hearing is set for November 20 in 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.
Schilling argued the law infringes on teachers’ freedom of association and expression. He warned that allowing it to stand unchecked 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."
Government’s Position on the Legal Challenge
Justice Minister Mickey Amery stated the government will vigorously defend the bill 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.
He also expressed confidence in the law’s validity regarding the Charter.
Amery told reporters, "I think the law surrounding the Charter is well-settled and the government is confident in its position."
Summary
Teachers are legally contesting Alberta’s use of the notwithstanding clause to end a strike, highlighting key issues of Charter rights and government authority limits.