Union leaders in Alberta are cautioning against the potential use of the notwithstanding clause by the provincial government in introducing legislation to compel teachers to return to work. The Alberta Federation of Labour (AFL), a coalition of various unions representing over 350,000 workers, including chapters of the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, conveyed a strong message to Premier Gil McGowan during a meeting with members of the Common Front, an alliance of all unions in Alberta.
The notwithstanding clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, permits provincial and territorial governments to bypass legal challenges to their legislation. While the government has not confirmed its intention to invoke the clause, concerns have been raised that it may be included in Bill 2, the forthcoming back-to-work legislation set to be presented in the legislature on Monday. This legislation would effectively end the teachers’ strike that commenced on October 6.
In response to the potential use of the notwithstanding clause, McGowan stated that the labor movement is prepared for an unprecedented reaction if such action is taken. The specifics of this response remain uncertain, with discussions during the meeting touching on the prospect of a general strike. However, the AFL will await the contents of Bill 2 before formulating a definitive response.
Premier Danielle Smith’s administration has not utilized the notwithstanding clause thus far, but internal documents suggest its potential use in enforcing contentious laws affecting transgender students. Responding to the threat of a provincewide strike, Smith emphasized the need to balance the rights of taxpayers, parents, and students to avoid broader labor actions.
Alberta Teachers’ Association president Jason Schilling expressed apprehension that the use of the notwithstanding clause in this context could have far-reaching implications beyond the immediate dispute, impacting other unions and restricting rights. Reflecting on a similar incident in Ontario in 2022, where the notwithstanding clause was used to ban an education workers’ strike, McGowan underscored the significance of avoiding such actions, highlighting the potential repercussions if Alberta were to follow suit.
The looming possibility of invoking the notwithstanding clause has raised significant concerns among union leaders, emphasizing the need for vigilance and responsiveness to safeguard workers’ rights and prevent a detrimental precedent from being set in labor relations.