The legislative chamber in Alberta became a scene of intense conflict in the early hours of October 28th. After six and a half hours of restricted debate, Premier Danielle Smith’s government pushed through contentious back-to-work legislation. This new law compels 51,000 teachers to return to their classrooms after a three-week strike. Known as the ‘Back to School Act’ (Bill 2), it was enacted using the ‘notwithstanding clause’ of the Charter of Rights and Freedoms – a powerful constitutional tool usually reserved for extreme circumstances. Utilizing its majority, Smith’s United Conservative caucus severely limited discussion, imposing a one-hour cap on each stage of debate, allowing the bill to pass through three readings before most Albertans had even started their day.
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The atmosphere within the chamber was charged with bitterness and anger. Teachers and their supporters filled the gallery, with cries of ‘Shame!’ echoing as Finance Minister Nate Horner first presented the legislation on Monday night and again when the final vote was cast in the pre-dawn hours of Tuesday. This bill not only overrides the teachers’ fundamental right to strike but also protects itself from legal challenges for up to five years, a constitutional power rarely exercised by the province.
Education Minister Demetrios Nicolaides defended the government’s action, labeling it an “undeniable moral imperative” to end the three-week strike, which he asserted was detrimental to students’ social and academic growth. He stated that the strike had “moved beyond the state of inconvenience.” Notably, Premier Smith herself was not present for the bill’s passage, having departed for a trade mission to Saudi Arabia hours before the vote.
The Opposition NDP fiercely opposed the bill, condemning the use of the notwithstanding clause as an ‘authoritarian abuse of power’ by a government that claims to uphold principles of freedom and liberty.
This was no ordinary labor disagreement. The strike, which began on October 6th, stemmed from a breakdown in negotiations where the Alberta Teachers’ Association (ATA) advocated for caps on class sizes and solutions for overwhelming classroom complexity. This impasse left 75,000 students without schooling, created chaos for parents, and pushed the government into a corner. Rather than seeking further negotiation, the province opted for a legislative blunt force.
While students are expected to return to class on Wednesday, and the strike is legally concluded, the underlying battle over fundamental rights, collective bargaining power, and legal precedent has only just commenced.
Understanding the ‘Notwithstanding Clause’
The ‘notwithstanding clause,’ detailed in Section 33 of Canada’s Charter of Rights and Freedoms, grants provincial or federal legislatures the extraordinary power to declare that a particular law will operate ‘notwithstanding’ certain Charter rights. This means that even if the law limits specific rights (such as freedom of expression or association, outlined in sections 2 and 7–15), it remains in effect. This override can last for up to five years and is renewable. Its application requires an explicit statement within the legislation itself.
Since a landmark 2015 Supreme Court ruling (Saskatchewan Federation of Labour v. Saskatchewan), the right to strike is safeguarded under the Charter’s guarantee of freedom of association (Section 2(d)). Ordinarily, a back-to-work law could be challenged in court, allowing unions to seek an injunction to temporarily halt its enforcement while judges deliberate on potential Charter violations. By invoking the notwithstanding clause, the Alberta government has effectively bypassed this entire process for five years, pre-empting any Charter-based legal challenges:
- Courts are prevented from striking down or suspending the law based on Charter grounds as long as Section 33 remains active.
- No Charter-based injunction can halt the government’s order for teachers to return to work.
- The strike is concluded according to the government’s timetable, not through judicial review.
Immediate Impact on Alberta’s Teachers
While teachers will resume their duties this week, the cessation of the strike by legislative fiat does not signify a resolution to the core issues. The ‘Back to School Act’ imposes the government’s final offer rather than embodying a mutually negotiated agreement. Essentially, classroom doors will reopen, but the deep-seated tensions that led to their closure persist.
The government’s imposed agreement includes a 12% salary increase for teachers spread over four years, along with a commitment to hire 3,000 new teachers and 1,500 additional educational assistants. While these provisions aim to alleviate staffing pressures, they conspicuously lack any enforceable limits on class sizes or classroom complexity – precisely the critical issues that sparked the teachers’ strike on October 6th.
This binding contract, enforced through the notwithstanding clause, effectively strips the teachers’ union of its most potent negotiation leverage: the right to strike.
Non-compliance with the new law carries severe financial penalties: individual teachers could face fines of up to $500 per day, and the Alberta Teachers’ Association itself could be penalized $500,000 daily.
Consequently, teachers are returning to work under terms they actively opposed, devoid of immediate legal recourse to advocate for improvements. While salary adjustments are in motion, tangible changes to classroom conditions will not be instantaneous. Any benefits from increased support staff will materialize gradually, school by school.
What Lies Ahead?
The strike might be officially over, but the broader narrative is far from concluded. The focus is now shifting from the individual picket lines to the larger Canadian labor movement. Gil McGowan, president of the Alberta Federation of Labour and a key figure in the Common Front, has stated that unions are ‘looking at all options, including a strike.’ He announced a meeting for Tuesday to coordinate with affiliated unions, promising a public plan on Wednesday, with a clear declaration: ‘If the government puts a gun to the head of the teachers, and they’re not able to continue their strike, then we in the broader labour movement will stand where they’re not able to.’ This isn’t just rhetoric; it’s a strategic opening move.
Within the teaching profession, there’s a mix of profound hurt and unwavering determination. Jason Schilling, president of the Alberta Teachers’ Association, denounced the new law as a ‘travesty to our democracy.’ His warning was unequivocal: ‘This is a sad day for teachers. This is a sad day for Albertans to have a government that is willing to trample on your Charter Rights for their own purposes… We’re on a slippery slope.’ Schilling confirmed that the ATA is already consulting with legal counsel regarding their next steps. In essence, while the law will be obeyed and classrooms will reopen, a protracted campaign of legal action, political lobbying, and long-term organizing is now underway.
If the government’s legislative action was a display of raw power, the coming phase will be a test of endurance – a battle to maintain solidarity, sway public opinion, and ultimately impose a political cost. Alberta may have claimed a victory in the dead of night, but the wider labor movement is now rising to challenge the new day.