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 Smith's caucus report that public anger toward them is growing.
Jason Schilling, head of the Alberta Teachers' Association, announced that the union has filed an application seeking a judge's immediate pause of the law, in full or partially, until a full constitutional challenge can be heard. The case will be heard on November 20 in 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 added the law violates teachers' rights to freedom of association and expression, and if left unchallenged, it sets 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."
Justice Minister Mickey Amery stated the government will vigorously 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. He later expressed confidence in the law’s foundation and the government's position regarding the Charter.
Author’s summary: Alberta teachers legally oppose the government’s use of the notwithstanding clause, defending their rights and challenging a potentially precedent-setting override amid escalating public tension.