Why Alberta teachers are taking the government to court: Back-to-work law faces new scrutiny

Alberta’s three-week provincewide teachers’ strike — which left more than 740,000 students out of class and halted operations in schools across all regions — has now shifted from the picket lines to the courts.

As per a recent report by The Globe and Mail. The Alberta Teachers’ Association (ATA) is seeking to suspend the provincial law that ended the walkout and forced educators back to classrooms, arguing the intervention violates core democratic protections in the Charter of Rights and Freedoms.The strike, the first of its scale in decades, erupted after months of bargaining over class sizes, workload and salaries. Teachers rejected a proposed deal from Premier Danielle Smith’s government, and negotiations stalled.

After weeks of shutdowns, Smith’s United Conservative Party enacted legislation in a single night to bring teachers back, invoking the Charter’s notwithstanding clause — a measure that allows governments to override constitutional rights for up to five years, The Globe and Mail reports.

Union argues rights breach and dangerous precedent

ATA president Jason Schilling announced Thursday that the union has filed an urgent application at Edmonton’s Court of King’s Bench.

A hearing is set for Nov. 20 according to The Globe and Mail.Schilling said the legal challenge seeks to pause the law immediately and ultimately have a judge declare the government’s use of the notwithstanding clause “improper and invalid.”He argued the legislation undermines teachers’ freedom of association and expression, binds workers to an imposed collective agreement they had already rejected, and introduces fines of up to $500 per person per day for anyone who refuses to comply. He warned that allowing the law to stand would set a precedent the government could extend to other sectors.“This legal action is not symbolic. It is necessary,” he told The Globe and Mail. “We are standing up for the Charter itself.”

Government defends drastic action

Justice Minister Mickey Amery said Alberta will vigorously defend the legislation, noting the priority was getting children back in class permanently.“We invoked the notwithstanding clause because students and parents deserve certainty,” Amery said, adding that the government is confident the Charter issues are well-settled.Smith has argued the complexity of bargaining, the size of the strike and the strain on families required “extraordinary action,” her comments previously reported by The Globe and Mail.

Labour groups call move an overreach

The law has drawn condemnation from labour leaders, civil-rights advocates, lawyers’ organizations, Amnesty International and the Anglican Diocese of Edmonton, who say the provincial government crossed a red line in curbing democratic rights to resolve a labour dispute.The Alberta Federation of Labour initially signaled that a general strike could be considered in response — but later clarified such a move requires extensive planning and union support. It has launched a survey to gauge whether workers would back an escalated response.

Political fallout inside the UCP

The Globe and Mail reports growing unrest within Premier Danielle Smith’s caucus as the back-to-work law sparks public anger. Two recall petitions have been approved against UCP MLAs — Education Minister Demetrios Nicolaides and Airdrie-East MLA Angela Pitt — with organizers accusing them of failing to represent public education and constituent interests.Other United Conservative members say their offices have been flooded with complaints. Agriculture Minister R.J. Sigurdson told The Globe and Mail that his staff and family have faced threats and harassment. MLAs Grant Hunter and Tany Yao also say hostility has sharply increased.

A pivotal Charter fight ahead

The case will determine whether Alberta’s government exceeded its authority by overriding labour rights in the name of public interest — and whether the notwithstanding clause can be used to shut down a strike without exhausting traditional bargaining tools.With classrooms reopened but legal tensions escalating, both sides say they are prepared for a prolonged battle over the balance between governance and constitutional protections — a fight with implications far beyond teachers.