Union leaders in Alberta are issuing a strong warning against the potential use of the notwithstanding clause by the provincial government to push teachers back to work. The Alberta Federation of Labour (AFL), representing over 350,000 workers, including branches of the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, convened with the Common Front, a coalition of all unions in Alberta, to address the impending back-to-work legislation.
AFL President Gil McGowan emphasized the message conveyed to the premier following the meeting, urging them not to resort to invoking the notwithstanding clause. The notwithstanding clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, allows provincial and territorial governments to override legal challenges to their laws.
Although the government has not confirmed the use of the clause, concerns linger that it might be included in Bill 2, the anticipated back-to-work legislation set to be introduced in the Alberta legislature on Monday, compelling teachers to end their strike initiated on October 6.
McGowan stated readiness for an unprecedented response from the labor movement if the notwithstanding clause is activated. The specifics of the response remain uncertain, with discussions revolving around the potential of a general strike pending a review of Bill 2.
Premier Danielle Smith’s administration has not previously exercised the notwithstanding clause. However, internal communications suggest a likelihood of its application concerning contentious laws affecting transgender students. In response to the threat of a province-wide strike, Smith articulated the importance of balancing taxpayer, parent, and student rights on her radio show.
Alberta Teachers’ Association President Jason Schilling expressed concerns about the impact of the notwithstanding clause on broader union rights, emphasizing the need for vigilance and responsiveness to the situation. Drawing parallels to a past incident in Ontario, where the notwithstanding clause was used to prevent an education workers’ strike, McGowan underscored the potential far-reaching consequences of invoking the clause in Alberta, cautioning against setting a precedent detrimental to workers’ rights nationwide.