ATA President Jason Schilling, ATA News Conference
EDMONTON — An Alberta judge has rejected a bid by the Alberta Teachers’ Association to suspend legislation that forced teachers back to work last fall, meaning classes will continue as usual for students across the province.
Court of King’s Bench Justice Douglas Mah ruled Friday against the union’s request for an injunction to pause the Back to School Act while a broader constitutional challenge proceeds.
The legislation ended a 23-day strike by more than 51,000 public, separate and francophone school teachers and imposed a four-year collective agreement.
Mah said the teachers’ association had demonstrated there is a serious issue to be tried over the province’s use of the notwithstanding clause, but failed to meet other legal requirements needed to grant the injunction.
He ruled the union did not show irreparable harm that could be addressed through an injunction and said the balance of convenience favoured allowing the legislation to remain in force.
Mah said suspending the act could create disruption for students, families and school boards and could place teachers back in a legal strike position.
The Alberta Teachers’ Association said it was disappointed with the ruling but noted the legal challenge itself will proceed. A full hearing on the constitutionality of the law is expected to take place in September.
The provincial government welcomed the decision, saying it supports keeping students in classrooms while discussions about improving Alberta’s education system continue.
The Back to School Act mandates annual salary increases of three per cent for teachers and commits the province to hiring thousands of additional teachers and educational assistants over three years. It also prohibits teachers from striking until 2028.
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