Union leaders in Alberta are cautioning against the potential use of the notwithstanding clause by the provincial government in upcoming legislation aimed at compelling teachers to return to work. The Alberta Federation of Labour (AFL), representing over 350,000 workers through various unions, including the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, recently met with the Common Front coalition to address the looming back-to-work laws.
AFL President Gil McGowan emphasized their firm stance during the meeting, warning the premier not to resort to invoking the notwithstanding clause. This clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, allows provincial governments to override legal challenges to their legislation.
Although the government has not confirmed the clause’s use, concerns persist that it may be included in Bill 2, the anticipated back-to-work legislation scheduled for introduction in the Alberta legislature. This bill seeks to end the ongoing teachers’ strike that commenced on October 6.
McGowan expressed readiness for a robust response should the notwithstanding clause be utilized, hinting at a potential general strike. However, the specific course of action will be determined after a thorough review of the legislation.
Premier Danielle Smith’s administration has yet to employ the notwithstanding clause, but internal documents suggest its potential use in controversial laws affecting transgender students. Responding to the threat of a provincewide strike if the clause is invoked, Smith emphasized the need to balance the interests of taxpayers, parents, and students to avoid broader labor disruptions.
Alberta Teachers’ Association President Jason Schilling cautioned that leveraging the notwithstanding clause in this dispute would set a troubling precedent impacting other unions and citizens’ rights beyond the immediate teacher strike resolution. Reflecting on a similar instance in Ontario in 2022, where the notwithstanding clause led to widespread school closures due to worker strikes, union leaders underscored the broader implications of such actions on workers’ rights and governmental precedents.