Alberta union leaders are expressing strong opposition to the potential use of the notwithstanding clause by the provincial government to compel teachers to return to work. The Alberta Federation of Labour, representing over 350,000 workers, held discussions with members of the Common Front, a coalition of all unions in the province, regarding the impending back-to-work legislation.
A clear message was delivered to Premier Danielle Smith not to resort to invoking the notwithstanding clause, a legal provision in the Canadian Charter of Rights and Freedoms that allows governments to override court challenges. While the government has not confirmed its use, concerns are raised that it may be included in Bill 2, the anticipated legislation aimed at ending the ongoing teacher strike that commenced on October 6.
AFL President Gil McGowan emphasized their readiness to respond to any unprecedented action by the government. The possibility of a general strike was discussed during the meeting, though the specific course of action will depend on the contents of Bill 2.
Premier Danielle Smith’s government has previously considered using the notwithstanding clause for other contentious issues. In response to the potential of a provincewide strike, Premier Smith emphasized the need to balance the rights of taxpayers, parents, and students.
Alberta Teachers’ Association President Jason Schilling raised concerns about the implications of using the notwithstanding clause, emphasizing the broader impact beyond the current labor dispute. He highlighted the need for vigilance and responsiveness to any restrictions on rights that may arise from its application.
Drawing on a past incident in Ontario, where the notwithstanding clause was used to prevent an education workers’ strike, Gil McGowan underscored the potential far-reaching consequences of invoking the clause. He warned against setting a precedent that could undermine workers’ rights not only in Alberta but across the country.
