Teachers challenge Alberta law using notwithstanding clause to end strike

Teachers Challenge Alberta Law Over Use of Notwithstanding Clause

Alberta teachers have initiated legal proceedings against Premier Danielle Smith’s government, claiming it infringed on their Charter rights by ending their strike through the use of the notwithstanding clause. The dispute has intensified public criticism toward some government members.

Court Action Filed

Jason Schilling, president of the Alberta Teachers' Association, announced that the union has formally applied to the court to suspend the legislation fully or partially until a constitutional review is completed. The hearing is scheduled for November 20 at the Edmonton Court of King’s Bench.

“In this action, teachers will ask the court to declare that the government's use of the notwithstanding clause was improper and invalid,” Schilling stated.

He explained that the government’s move undermines educators’ freedoms of association and expression and could set a troubling precedent if allowed to stand.

“This legal action is not symbolic. We are standing up for the Charter itself, for the rule of law, and for the limits that protect citizens from arbitrary government decisions.”

Government Response

Justice Minister Mickey Amery pledged that the government will defend the legislation in court.

“We invoked the notwithstanding clause because students and parents deserve full certainty that children could return to the classroom and stay in the classroom,” Amery said.

He later told reporters that the government believes the legal framework around the Charter is well-established and remains confident in its stance.

Author’s Summary

Alberta teachers are contesting the provincial government’s emergency law in court, arguing it erodes Charter protections while officials insist it ensures classroom stability.

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HighRiverOnline HighRiverOnline — 2025-11-07

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