Teachers challenge Alberta law using notwithstanding clause to end strike

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 her caucus report growing public outrage against them.

Union Files Application to Pause Law

Jason Schilling, head of the Alberta Teachers' Association, announced the union has applied for a judge to immediately suspend the law either fully or partially until a full constitutional challenge is heard. The hearing 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 stated, explaining that the law violates teachers’ rights to freedom of association and expression.

He added that if unchallenged, the law sets a dangerous precedent potentially 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 said the government will strongly 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, later adding that he believes the law related to the Charter is well-established and the government is confident in its position.

Summary

Alberta teachers legally contest the government's use of the notwithstanding clause to end their strike, arguing it infringes on constitutional rights, while officials defend their actions as necessary to ensure students return to class.

HighRiverOnline — 2025-11-07