Teachers challenge Alberta law using notwithstanding clause to end strike

Teachers Challenge Alberta Law Using Notwithstanding Clause

Alberta teachers are suing Premier Danielle Smith’s government for overriding their Charter rights to end their strike. Some members of Smith’s caucus report growing public anger toward their actions.

Legal Action Initiated by Alberta Teachers' Association

Jason Schilling, head of the Alberta Teachers' Association, announced the union has filed an application to pause the law, either fully or partially, until a constitutional challenge can be heard. The case will be heard on November 20 at 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 argued the law violates teachers' rights to freedom of association and expression. If left unchallenged, it could create a dangerous precedent against 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 Response to Legal Challenge

Justice Minister Mickey Amery stated the government will robustly defend its 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 later expressed confidence in the government’s position, asserting the law concerning the Charter is well-established.

Summary

The Alberta teachers' lawsuit challenges the government's use of the notwithstanding clause, arguing it infringes on constitutional rights, while the government defends the measure as necessary to ensure students’ return to school.

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HighRiverOnline — 2025-11-07