'The pre-emptive use of the notwithstanding clause cannot be allowed to normalize,' says president of Canadian Bar Association
As Alberta’s classrooms reopen, the provincial government is facing criticism for ending the teachers' strike with back-to-work legislation – a situation that's more than likely of interest to other employers that may consider similar measures.
Speaking with the press, Alberta Education Minister Demetrios Nicolaides defended the decision to use the notwithstanding clause, highlighting the negative impacts of the strike: “academic disruption, social disruption, and psychological disruption.”
Nicolaides said he is “comfortable that the kids will be going back so that they can have that routine, have that structure, continue with their academics and social development.”
“That’s paramount to everything. That trumps everything else,” he said.
More than 51,000 members of The Alberta Teachers’ Association (ATA) were on strike prior to the back-to-work legislation as the teachers and their employer failed to come to an agreement on a new contract. Alberta’s “Back to School Act” imposes a collective agreement on teachers and prohibits them from striking until August 31, 2028.
Criticism from Canadian Bar Association
According to Christopher Samuel, president, Canadian Bar Association – Alberta Branch, "by invoking the notwithstanding clause, this legislation will take effect even if it violates the rights protected by sections 2 and 7 through 15 of the Canadian Charter of Rights and Freedoms.
"These rights include the right to freely associate, the right to peaceful assembly, the right to freedom of expression, and the right not to be deprived of life, liberty or security of the person.”
The notwithstanding clause refers to Section 33 of the Canadian Charter of Rights and Freedoms.
Samuel added: “The pre-emptive use of the notwithstanding clause cannot be allowed to normalise. Neither should the curtailment of legislative debate become routine. Overuse of these extraordinary measures—especially when coupled with provisions that also set aside the Alberta Bill of Rights and the Alberta Human Rights Act—risks undermining the constitutional and human-rights architecture that protects all Albertans. We cannot take the Rule of Law for granted; if we do, it may not be there to protect our rights when we most need it.”
Notwithstanding clause 'rammed through'
That’s a poor direction for the Alberta government, according to Jason Schilling, president of the Alberta Teachers' Association (ATA).
“We cannot underscore or underestimate the gravity of this decision that this government made,” he said. “Not only to use the notwithstanding clause, but to ram it through the legislature in the way that they did, to limit debate in the way that they did.”
He added that every Albertan is “fundamentally reliant” on a system where, when bills and laws go through the legislature, “they go through in a way, in a capacity that has due course and justice.”
“And that didn’t happen yesterday,” said Schilling.
The ATA described the latest move from the Alberta government as devastating, with teachers feeling that their “most fundamental freedoms” were taken away, rather than seeing the government negotiate in good faith.
“Teachers are being forced back and saddled with the very collective agreement that 90% of them rejected only a month ago—an agreement that they said, loudly and clearly, does not meet the needs of their students, their classrooms or their profession,” said Schilling.
Spending budget of $2.6 billion in Alberta
Finance Minister Nate Horner previously stated that the ATA’s latest proposal would require nearly $2 billion more than the government’s budget for a new contract.
“In that sense, I’m sure that their membership would be pleased with this ask,” Horner said, describing the union’s approach as having “shot for the moon,” according to the CBC report. The government’s spending cap for a contract is $2.6 billion over four years.
Meanwhile, the Alberta New Democratic Party (NDP) is calling for Nicolaides to resign in the aftermath of the Back to School Act.
“Instead of listening to teachers, Education Minister Demetrios Nicolaides stood by while this government silenced them. He supports forcing teachers back to the same overcrowded classrooms, without supports or solutions for students,” said the NDP in its public petition.
“This is a failure of leadership. It’s a deliberate attack on teachers, students, and families. On Albertans.”
File photo from The Alberta Teachers’ Association (ATA)'s Facebook page
