The Alberta Teachers’ Association has initiated a constitutional challenge against a law imposed by the provincial government that compelled educators throughout the province to return to work and enforced a new contract. Speaking at a news conference in Edmonton, ATA president Jason Schilling announced the filing of the application in Alberta’s Court of King’s Bench, which also includes a request for an injunction against the Back to School Act, also known as Bill 2.
The association is seeking to halt some or all of the effects of Bill 2 while the constitutional challenge is ongoing. The bill utilized the notwithstanding clause to shield the government from legal opposition. Schilling criticized this move as an abuse of power, stating that the clause was misused to settle an argument rather than to protect children or uphold democracy.
Following a strike by approximately 51,000 public, Catholic, and francophone teachers who rejected contract offers, the Alberta government introduced the Back to School Act about three weeks later, making any strike or lockout unlawful. The legislation also enforced one of the contracts previously declined by teachers and preemptively invoked the notwithstanding clause to prevent legal reversal.
Schilling emphasized that the ATA aims to challenge the government’s use of the notwithstanding clause, asserting that it infringes on teachers’ Charter rights. He vowed to explore all legal options to restore what was taken, highlighting the broader implications for all Albertans.
While Alberta Justice Minister Mickey Amery stated that the government will review the ATA’s court applications, he affirmed the government’s commitment to defending the Back to School Act. Critics have argued that the government could have employed alternative measures to resolve the situation without invoking the notwithstanding clause.
The ATA’s legal battle may face challenges, as legal experts suggest that courts have historically upheld provinces’ use of the notwithstanding clause. Despite potential obstacles, the ATA and the Alberta government can anticipate interest from various parties seeking intervenor status in the case.
Support for the ATA’s cause has come from various quarters, with Alberta NDP education critic Amanda Chapman praising the association for challenging the government’s actions. She highlighted concerns about the treatment of educators and the lack of clarity regarding the government’s plans to increase teaching staff. Chapman emphasized widespread public support for teachers and disapproval of the government’s handling of the situation.
In the wake of the ATA’s strike and subsequent legal challenge, Schilling mentioned that labor groups from Canada and the U.S. have contributed financially to support the association’s fight. Donations from individuals who wish to back the legal battle will continue to be accepted by the organization.