The Alberta Teachers’ Association has initiated a legal challenge against a government law in Alberta that compelled teachers back to work and enforced a new contract. The ATA president, Jason Schilling, announced the filing of the constitutional challenge in Alberta’s Court of King’s Bench during a press conference in Edmonton. The challenge also includes a request for an injunction against the Back to School Act, also known as Bill 2.
Schilling criticized the government’s use of the notwithstanding clause in Bill 2, stating that it was an abuse of power and not in the best interest of children or democracy. The ATA, representing around 51,000 teachers, went on strike in October after rejecting contract offers, leading to a lockout shortly after.
The Back to School Act, introduced by the Alberta government three weeks after the strike, made strikes and lockouts illegal and imposed rejected contracts on teachers. Schilling emphasized that the ATA aims to challenge the government’s use of the notwithstanding clause and its violation of teachers’ Charter rights.
Alberta’s Justice Minister, Mickey Amery, responded to the ATA’s court applications by stating that the government’s priority was to ensure students return to school without further disruptions. Critics have questioned the need for the notwithstanding clause, suggesting alternative approaches could have been pursued.
Legal experts commented on the ATA’s legal challenge, noting that it may face obstacles given past court deference to provinces invoking the notwithstanding clause. Despite potential challenges, the ATA is determined to pursue the case, with support from various groups and individuals across Canada and the U.S. who have contributed to the association’s legal fight.