Union leaders in Alberta are cautioning the provincial government against utilizing the notwithstanding clause in upcoming legislation aimed at compelling teachers to return to work. The Alberta Federation of Labour (AFL), a consortium representing over 350,000 workers, including chapters of the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, voiced their concerns during a meeting with the Common Front, a coalition of all unions in Alberta.
AFL President Gil McGowan emphasized the message delivered to the premier following the meeting, strongly advising against invoking the notwithstanding clause. This legal provision, also known as Section 33 within the Canadian Charter of Rights and Freedoms, enables provincial and territorial governments to override legal challenges to their legislation.
While the government has not explicitly stated its intention to use the notwithstanding clause, there are apprehensions that it might be incorporated into Bill 2, the impending back-to-work legislation to be introduced in Alberta’s legislature. This bill is set to mandate teachers’ return to work after commencing strike action on October 6.
McGowan affirmed the readiness of the labor movement to respond should the notwithstanding clause be activated. The potential response, possibly including a general strike, is pending until the specifics of Bill 2 are unveiled.
Premier Danielle Smith’s administration has yet to employ the notwithstanding clause, but internal memos suggest its probable use in enforcing laws that impact transgender students. In response to concerns over a provincewide strike, Smith emphasized the need for a balanced approach considering taxpayers’, parents’, and students’ rights.
Alberta Teachers’ Association President Jason Schilling highlighted the broader implications of using the notwithstanding clause, emphasizing the potential restriction of rights beyond the current dispute. Referring to a similar situation in Ontario, where the notwithstanding clause was used to ban an education workers’ strike, McGowan underscored the far-reaching consequences such actions could have on worker rights and government precedents.
The looming prospect of the notwithstanding clause being invoked in Alberta has stirred significant apprehension within the labor movement, with leaders advocating for a cautious and vigilant approach to safeguarding fundamental rights.