EDMONTON - The Alberta Teachers’ Association has announced plans to legally challenge the provincial government’s use of the Charter’s notwithstanding clause to end their ongoing strike. The union described this action as a significant abuse of power but stated it will comply with the law. In a statement released early Tuesday, the association emphasized its commitment to pursue all legal avenues against what it termed an "egregious assault" on teachers' collective bargaining rights. The statement also expressed confidence in receiving support from organized labor, civil society, and the public, declaring, "This fight has just begun."

The statement came just before members of Premier Danielle Smith’s United Conservative Party used their majority in the legislature to pass Bill 2. The bill was fast-tracked through multiple debate stages in just six and a half hours, culminating in a final reading at 2 a.m. Tuesday, which was met with shouts of "Shame!" from opponents. Under the new legislation, the Alberta Teachers’ Association and its members could face substantial fines for defying the back-to-work order, with penalties reaching up to $500 per day for individuals and $500,000 per day for the union.

During the legislative debate, Education Minister Demetrios Nicolaides argued that the government had an "undeniable moral imperative" to end the three-week strike, which he claimed was detrimental to students' social and educational development. He stated, "This strike has moved beyond the state of inconvenience."

Premier Smith was absent during the bill's introduction and passage, having left for a trade mission to Saudi Arabia and other Middle Eastern countries earlier that evening. The Opposition NDP voted against the bill, criticizing the use of the notwithstanding clause as an authoritarian move by a government that claims to uphold freedom and liberty. NDP Leader Naheed Nenshi remarked that the government had chosen to go "nuclear" to escape the public education issues it had created, questioning, "What rights does this premier want to defend and which ones is she willing to trample over and for whom?"

The passage of the bill could lead to tensions between Smith’s government and the Common Front, a coalition representing over 350,000 workers from various provincial unions. The Common Front has vowed to respond significantly if the government continues to override teachers’ constitutional rights to assemble. Gil McGowan, president of the Alberta Federation of Labour, indicated that they are considering all options, including a potential strike. He assured Alberta teachers, "You will not stand alone," and announced that other unions would meet to finalize plans for collective action.

The Alberta Teachers’ Association echoed concerns that the government’s actions undermine unions' rights. The statement highlighted that the legislation violates the foundational principles of collective bargaining and workers' rights to organize. It warned that an attack on teachers' rights is an attack on all workers, setting a dangerous precedent for future government actions.

Historically, the notwithstanding clause has been used in labor disputes, such as in 2022 when Ontario's government employed it to prevent a court challenge against a bill that halted a strike by school support workers. However, public backlash led to the repeal of that legislation.

Before the bill's introduction, Smith had stated that the scale of the strike, the largest in Alberta's history, necessitated the use of the notwithstanding clause, which can override Charter rights for up to five years. The strike has impacted over 740,000 students since it began on October 6. The new bill imposes a collective bargaining agreement that had previously been rejected by rank-and-file teachers, which included a proposed 12 percent wage increase over four years and commitments to hire additional teachers and educational assistants.

The teachers from public, separate, and francophone schools initiated the strike after failing to reach an agreement with the government, primarily over issues related to class sizes and support for students needing specialized care. Smith has argued that these issues require a flexible and collaborative approach rather than a one-size-fits-all solution. On Monday, she pledged to collect and publicly report data on classroom sizes and to establish a special panel to address classroom complexity.

In its statement, the teachers’ association concluded, "Although this legislation might end the strike and lift the lockout, it does not end the underfunding and deterioration of teaching and learning conditions. Our schools will not be better for it."