The Alberta Teachers’ Association is considering legal actions to contest the back-to-work legislation enforced by the provincial government. ATA president Jason Schilling expressed determination to challenge what he sees as an abuse of power by utilizing all available legal avenues.
The Back to School Act employs the notwithstanding clause to preemptively block teachers from striking and to prevent the judiciary from overturning the law. The government defends its use of the clause as necessary to avoid localized strikes and ensure uninterrupted schooling.
While the ATA has not disclosed its specific plans, legal experts and civil liberty organizations have been consulted to assess the potential for challenging the back-to-work directive in court. The debate revolves around the notwithstanding clause, a provision in the Canadian Charter of Rights and Freedoms that allows governments to pass laws that may infringe on certain Charter rights for up to five years.
Despite the clause preventing laws from being overturned, legal experts like Marion Sandilands suggest that courts can still assess whether such legislation violates Charter rights. The fundamental question remains whether the back-to-work legislation infringes on rights such as collective bargaining.
Recent cases in Saskatchewan and Quebec have tested the limits of the notwithstanding clause, with varying outcomes in different provincial courts. The disputes have raised philosophical questions about the role of courts in reviewing laws that invoke the notwithstanding clause.
Even though laws shielded by the notwithstanding clause cannot be struck down, legal experts argue that court declarations regarding the legislation’s compliance with rights can serve as a symbolic victory for unions and influence public opinion.
The ATA has indicated its compliance with the law, resulting in teachers returning to classrooms. However, concerns have been raised by the Canadian Bar Association’s Alberta branch regarding the proactive use of the notwithstanding clause, with calls for it to be a last resort after judicial scrutiny.
The Canadian Civil Liberties Association is prepared to intervene in any legal challenges, highlighting concerns about the democratic implications and potential erosion of confidence in essential rights like collective bargaining.