Teachers challenge Alberta law using notwithstanding clause to end strike

EDMONTON — Alberta teachers say they’re taking Premier Danielle Smith’s government to court for overriding their Charter rights to end their strike, while some members of her caucus say public outrage toward them is escalating.

Jason Schilling, head of the Alberta Teachers’ Association, announced Thursday the union has filed an application asking for a judge to immediately pause the law in full or in part until a full constitutional challenge is heard.

The case is scheduled to be heard Nov. 20 in 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 told reporters.

He said the law violates teachers’ rights to freedom of association and expression, and, if left unchallenged, sets a dangerous precedent that could be used against other workers and citizens.

“This legal action is not symbolic. It is necessary,” he said.

“We are standing up for the Charter itself, for the rule of the law and for the limits that protect citizens from arbitrary government decisions.”

Justice Minister Mickey Amery said in a statement the government will vigorously defend its bill 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.

Amery later told reporters he thinks the law surrounding the Charter is well-settled and the government is confident in its position.

“We’ve always said that we would use every single legal and constitutional mechanism to defend our legislation, and certainly we’ve said that in relation to making sure that our children are back in class and our students are back at school.”

The notwithstanding clause allows governments to override certain Charter rights, but it must be renewed every five years.

Smith used it last week to pass a bill in one night to end the three-week provincewide teachers strike. The premier said the complexity of bargaining, the size of the walkout and the growing toll on more than 740,000 students left her government with no other option.

The law not only invoked the notwithstanding clause, it imposed on 51,000 teachers a collective bargaining agreement they previously rejected. It also calls for fines of up to $500 per day per person for refusing to follow the law.

It has been condemned as dangerous government overreach by labour groups, civil rights advocates, lawyers’ organizations, Amnesty International and the Anglican Diocese of Edmonton.

It has also reignited debate over how best to balance the rules of the Charter with the responsibility of governments to determine and act on what’s best for its citizens.

The Alberta Federation of Labour, speaking on behalf of a coalition of unions, initially suggested a general strike was in the offing but later said such a response takes time and planning. It said it would instead conduct a survey to see if such an extreme response had support.

The issue, along with other general discontent, has begun affecting members of Smith’s caucus.

In recent weeks, two citizen-initiated recall petitions have been approved against Education Minister Demetrios Nicolaides, who represents Calgary-Bow, and Airdrie-East member Angela Pitt in an attempt to unseat them.

The Nicolaides petition accuses him of failing the public education system, while the citizen organizing the Pitt recall says she has failed to do her job to represent constituents of the riding, located on Calgary’s northern outskirts.

On Wednesday, Agriculture Minister R.J. Sigurdson, who represents a United Conservative Party stronghold riding of Highwood, took to social media to say he’s been troubled by backlash in his community.

He said his constituency office has been beset with phone calls and emails.

He denounced the “yelling, obscene gestures, and rude, even threatening behaviour” that his family and his staff have received in relation to using the notwithstanding clause, and called the treatment of him and his staff “grossly unfair.”

He wrote they are not just breaches of decorum, “they are deeply concerning and can have a lasting, negative impact on the well-being of the individuals involved.”

“No one should ever have to endure this type of bullying or harassment,” Sigurdson said.

Grant Hunter, associate water minister and MLA for Taber-Warner in southern Alberta, said Sigurdson’s experience was “terrible,” but not unique.

“I think that every MLAs office right now is having some struggles with people being angry, and so we just got to get through that,” he said after a Thursday caucus meeting. “I think we just need to keep moving forward.”

UCP backbencher Tany Yao, who represents Fort McMurray-Wood Buffalo, said he and his staff have also been on the receiving end of harassing messages, but didn’t provide details.

“It’s really disappointing and frustrating,” Yao said as he walked out of the meeting. “It’s unfortunate that there seem to be folks out there inciting violence and physical threats, and it’s really unacceptable.”

When asked if he thought the anger would soon dissipate, Yao pointed to the teachers’ union leaders: “Ask the (Alberta Teachers’ Association) executive as to how much they’re going to push it.”

NDP Opposition Leader Naheed Nenshi, when asked about Sigurdson’s comments, said political violence and harassment is never acceptable. But he said the UCP has been fanning the flames of division and anger since it took office.

“I’m calling for civility across the board, but I’m also calling for accountability,” Nenshi said.

“If you don’t want people to be mad about you making unconstitutional decisions that hurt them, try not making unconstitutional decisions that hurt them.”

This report by The Canadian Press was first published Nov. 6, 2025.