Teachers' union taking Alberta government to court over notwithstanding clause

Janet French · CBC News

· Posted: Nov 06, 2025 4:11 PM EST | Last Updated: November 6

The Alberta Teachers’ Association has filed a law situation of a provincial authorities instrumentality that forced educators crossed the state backmost to enactment and imposed a caller contract.

At a Thursday quality league successful Edmonton, ATA president Jason Schilling said the application, filed successful Alberta’s Court of King’s Bench, besides seeks an injunction against the Back to School Act, which is besides called Bill 2.

The relation wants the tribunal to intermission “some oregon all” of the effects of Bill 2 portion it hears the law challenge, according to the tribunal application. The measure utilized the notwithstanding clause to shield the authorities from ineligible challenges.

“Let's telephone this what it is — it is maltreatment of power,” Schilling said Thursday. “This clause was not utilized to support children, oregon to sphere democracy, oregon to code an emergency. It was utilized to triumph an argument.”

About 51,000 public, Catholic and francophone teachers belonging to the ATA went connected onslaught Oct. 6 aft members doubly voted to cull declaration offers. They were besides locked retired connected Oct. 9.

About 3 weeks aft the onslaught cancelled classes, the Alberta authorities tabled the Back to School Act, which made immoderate onslaught oregon lockout illegal.

The measure besides imposed 1 of the contracts teachers rejected successful September, and proactively invoked the notwithstanding clause to forestall a tribunal from overturning the law.

Schilling said the ATA seeks for the tribunal to state the government’s usage of the notwithstanding clause improper and invalid, and that authorities acted unconstitutionally by shielding itself from judicial review.

Schilling said Bill 2 violates teachers’ Charter rights to state of look and association.

“We volition prosecute each ineligible avenue to reconstruct what was taken, not lone for teachers, but for the integrity of the charter itself,” helium said.

He said the result has implications for each Albertans.

Should a tribunal intermission the effects of the law, Alberta teachers could regain the ineligible close to strike, though Schilling said the ATA hasn’t decided yet whether teachers would locomotion disconnected the occupation again successful that scenario.

Alberta's Justice Minister Mickey Amery said the intent of Bill 2 was to forestall further disruptions for students aft a teachers onslaught cancelled classes for astir of the province's students for much than 3 weeks. (Legislative Assembly of Alberta)

Alberta Justice Minister Mickey Amery said connected Thursday day the authorities volition instrumentality clip to analyse the ATA’s tribunal applications.