Teachers Challenge Alberta Law Using Notwithstanding Clause
Alberta teachers are taking Premier Danielle Smith’s government to court for overriding their Charter rights to end their strike. Some members of the premier’s caucus report growing public backlash against them.
Union’s Legal Action
Jason Schilling, head of the Alberta Teachers' Association, announced the union filed an application to ask a judge to immediately suspend the law, wholly or partially, until a full constitutional challenge can be heard. The case is set for November 20 at 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 emphasized that the law infringes on teachers' rights to freedom of association and expression. If not challenged, it could set 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 law and for the limits that protect citizens from arbitrary government decisions."
Government's Response
Justice Minister Mickey Amery stated the government will vigorously 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 said.
Amery also expressed confidence in the government's position and said the law surrounding the Charter is well-established.
Summary: Alberta teachers have launched a legal challenge against the government’s use of the notwithstanding clause to end their strike, asserting it violates their Charter rights and threatens future protections.