Provincial Court building, Edmonton. Wikimedia commons. CC License. Image by Verne Equinox
EDMONTON — The first court date in Alberta’s constitutional battle over the law that ended last month’s teachers strike is scheduled for Nov. 20 in Edmonton Court of King’s Bench.
The Alberta Teachers’ Association has applied for an injunction that would pause the Back to School Act in full or in part while a judge considers a broader challenge. The union says the law violated teachers’ Charter rights to freedom of association and expression, and argues the province acted improperly by using the notwithstanding clause to block judicial review of its actions.
Legal experts say the ATA may have a case because Canadian courts have long held that governments cannot completely remove the ability of superior courts to review legislation. The union also argues the clause was applied in a way that was unnecessary and unrelated to any emergency. Critics of the government have said Alberta could have ordered teachers back to work through mediation or binding arbitration without suspending Charter rights.
However, the union may face an uphill battle. Courts have historically been deferential to legislatures that invoke the notwithstanding clause, which allows governments to override certain Charter rights for up to five years. The province has said the clause was needed to prevent further disruptions and to give families certainty after a provincewide walkout.
The three week strike began Oct. 6 after teachers rejected two contract offers. Classes were cancelled across the public, Catholic and francophone systems until the government ended the dispute with Bill 2, which imposed a rejected collective agreement on 51,000 teachers and made any further strike or lockout illegal. The law also created fines of up to 500 dollars per person per day for anyone who refused to comply.
The government has said it will vigorously defend the legislation in court.
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