Teachers challenge Alberta law using notwithstanding clause to end strike

Teachers Challenge Alberta Law Over Strike Ban

Teachers in Alberta are taking Premier Danielle Smith’s government to court, arguing that it unlawfully used the notwithstanding clause to halt their strike and override Charter rights. Members of her caucus report growing public backlash over the move.

Legal Action and Court Proceedings

Jason Schilling, president of the Alberta Teachers' Association, announced that the union has filed an application seeking a judicial review. The hearing is set for November 20 in 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 said.

According to Schilling, the law restricts teachers’ rights to freedom of association and expression. He warned that allowing it to stand could create 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.”

Government Response

Justice Minister Mickey Amery stated that the government will strongly defend the law 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 added later that the government believes the Charter law is well established and remains confident in its position.

Author’s Summary

Alberta’s teachers have launched a constitutional challenge against the province’s use of the notwithstanding clause, claiming it endangers rights and sets a harmful precedent.

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HighRiverOnline HighRiverOnline — 2025-11-07

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