EDMONTON–The Alberta government has made history by invoking the Charter’s notwithstanding clause for the first time, ordering 51,000 striking teachers back to work under new legislation passed Monday night.
Premier Danielle Smith’s United Conservative Party introduced Bill 2, the Back to School Act, which imposes a previously rejected collective agreement and suspends teachers’ right to strike for the next five years. The move has sparked outrage across the province, with critics calling it an unprecedented attack on constitutional rights.
Classes resume Wednesday after Alberta orders teachers back to work
In a strongly worded statement, Alberta’s New Democratic Party condemned the legislation:
“It is now confirmed, the Premier and her UCP government will force teachers back to work and use the notwithstanding clause for the first time in Alberta’s history.
“This is a shameful first for our province, and it should alarm not only teachers, parents, and students, but all Albertans.
“We’ve also learned the government will unilaterally impose their failed collective agreement that was already rejected by 90 per cent of teachers and does nothing to address classroom conditions. The bill also includes massive fines to workers and unions for any noncompliance.
“This is an unprecedented attack on the Charter-protected human rights and freedoms of teachers, workers, and all Albertans—all just to force teachers back to the classroom.
“The solution to this entire situation has been clear and simple for months: properly fund public education and negotiate in good faith with teachers. The UCP has actively chosen to fight teachers instead of coming to the bargaining table and making classrooms better.
“Alberta’s New Democrats unequivocally condemn this absolutely gross abuse of power that will shield this government for five years from any legal accountability.
“We are well aware that the UCP has a majority and intends to ram this legislation through, and we will use every tool in our legislative toolbox to stand up for teachers, students, and the rights of all Albertans.”
The imposed agreement includes a 12 per cent wage increase over four years and a promise to hire 3,000 teachers and 1,500 educational assistants. However, it fails to address key concerns raised by educators, including class sizes and student complexity. Teachers have been on strike since October 6, leaving 750,000 students out of school.
Labour groups across Alberta have warned of a broader response, with the Alberta Federation of Labour calling the government’s actions “a mockery of constitutionally protected rights.”
As classrooms prepare to reopen, the political and legal fallout from this historic move is only beginning.
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