The Alberta government is set to present a bill on Monday that, if approved, could compel teachers to return to their classrooms as early as this week, according to some experts. The proposed legislation, known as Bill 2 or the Back to School Act, was hinted at last week through an order paper published on the Alberta legislature’s website. This order paper outlines motions that government members and MLAs plan to bring up during a legislative session.
This move comes after Alberta teachers went on strike on October 6, following unsuccessful negotiations and two rejected deals with the province. The Alberta Teachers’ Association (ATA), which represents approximately 51,000 striking public, Catholic, and francophone teachers, has emphasized the need to tackle significant issues such as salaries, large class sizes, classroom complexities, and inadequate resources.
Jason Foster, a labor relations professor at Athabasca University, mentioned that the government has not provided full details of the bill. Foster anticipates that the bill will deem the strike unlawful and compel teachers to return to work. This action would refer unresolved issues to an arbitrator who would determine the final contract terms. He also suggested that the government might impose further penalties on teachers who resist the orders.
If the bill passes before Tuesday, Foster predicts that teachers could be mandated to resume classes as early as Thursday. A statement from Finance Minister Nate Horner’s office indicated that the government aims to pass the legislation on Monday to facilitate the swift return of students to school. CBC News reached out to Education and Childcare Minister Demetrios Nicolaides and government House leader Joseph Schow for comment on the expediency of passing the bill but had not received a response at the time of reporting.
ATA president Jason Schilling expressed on Friday that the union was unaware of the bill’s specifics. In case the bill fails to address the core issues affecting Alberta teachers, Schilling mentioned that the union might consider pursuing a legal challenge, similar to what occurred in 2002 when Alberta teachers successfully challenged emergency legislation mandating their return to work under the Ralph Klein government.
Foster cautioned that a legal challenge today might not yield the same outcome as in 2002, as the circumstances differ. He highlighted the possibility that the government might invoke the notwithstanding clause in Bill 2 to prevent the teachers’ union from contesting it. The notwithstanding clause allows provincial governments to override certain protected rights temporarily. The potential use of this clause has raised concerns among Alberta union leaders and the Alberta Federation of Labour, who have threatened mobilization in response.
Foster stated that invoking the notwithstanding clause could convey a contentious message to the province’s unions. He emphasized that this move could signify an acknowledgment of violating teachers’ Charter-protected rights and potentially provoke a strong response from Alberta’s labor movement.