The Alberta Teachers’ Association has initiated a constitutional challenge against a provincial law that compelled teachers province-wide back to work and enforced a new contract. ATA president Jason Schilling announced the legal action during a press conference in Edmonton, revealing that the lawsuit, filed in Alberta’s Court of King’s Bench, also requests an injunction against the Back to School Act, known as Bill 2.
The association is seeking to temporarily halt the impacts of Bill 2 while the constitutional challenge is ongoing. The bill utilized the notwithstanding clause to shield the government from legal disputes. Schilling criticized this move as an abuse of power, emphasizing that it was not aimed at safeguarding children or democracy but rather to settle a dispute.
Approximately 51,000 public, Catholic, and francophone teachers affiliated with the ATA went on strike on October 6 after rejecting contract offers twice. They were subsequently locked out on October 9. Following the strike that disrupted classes for about three weeks, the Alberta government introduced the Back to School Act, making any strike or lockout illegal.
The legislation imposed one of the rejected contracts on teachers and preemptively invoked the notwithstanding clause to prevent legal challenges. Schilling highlighted that the ATA aims to challenge the government’s use of the notwithstanding clause and its unconstitutional shielding from judicial review.
Schilling added that the ATA believes Bill 2 violates teachers’ Charter rights to freedom of expression and association. He affirmed the organization’s commitment to pursuing all legal avenues to restore what was taken and uphold the integrity of the charter. The outcome of the legal battle is seen as having implications for all Albertans.
Alberta’s Justice Minister, Mickey Amery, stated that the government will review the ATA’s court applications, emphasizing the need for finality and the return of children to schools. The government intends to defend the Back to School Act against the legal challenge.
Legal experts have noted that the ATA faces challenges in its case against the government’s use of the notwithstanding clause. However, the union’s arguments about the infringement on judicial review powers and the inappropriate application of the clause will be central to the legal debate.
Support for the ATA’s cause has been voiced by various groups, including the Alberta NDP education critic, Amanda Chapman, who commended the legal challenge. She criticized the government’s handling of the situation and highlighted the support for teachers among constituents.
In the aftermath of the strike and the legal challenge, the ATA has received donations from labor groups in Canada and the U.S. to support its legal fight. The organization continues to accept donations from individuals backing its legal battle.