After a weeks-long strike that severely tested parents’ resolve and undermined their children’s right to receive an education, Premier Danielle Smith’s government has directed Alberta teachers to return to work. Bill 2, the Back to School Act, was passed into law earlier this week. Back-to-work legislation of this kind would not have been unusual only a decade ago, before the Supreme Court of Canada constitutionalized a “right to strike.” Now, however, setting reasonable limits on strike action in the name of the broader community has required the use of Section 33 of the Charter, also known as the notwithstanding clause or parliamentary supremacy clause.

As with other recent uses of Section 33, Bill 2 has drawn the ire of activists and other commentators. The Alberta Teachers’ Associatio

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