Union leaders in Alberta are cautioning against potential government actions that may compel teachers to return to work. The Alberta Federation of Labour (AFL), representing over 350,000 workers through various unions, including the Canadian Union of Provincial Employees and the Public Service Alliance of Canada, voiced strong opposition to the use of the notwithstanding clause in upcoming legislation.
During a meeting with the Common Front, a coalition of Alberta unions, AFL President Gil McGowan emphasized the message to the premier to refrain from invoking the notwithstanding clause. This clause, also known as Section 33 of the Canadian Charter of Rights and Freedoms, permits provincial governments to bypass court challenges to their laws.
While the government has not confirmed the use of the notwithstanding clause, concerns persist that it may feature in Bill 2, the anticipated back-to-work legislation set to be introduced in the legislature on Monday. This bill aims to end the ongoing teacher strike that began on October 6.
McGowan stated that the labor movement is prepared to respond vigorously if the notwithstanding clause is utilized. The possibility of a general strike was discussed, but the AFL will wait until the specifics of Bill 2 are revealed before deciding on a course of action.
Premier Danielle Smith’s government has not yet employed the notwithstanding clause, but internal memos suggest its potential use to enforce laws affecting transgender students. In response to the threat of a provincewide strike, Smith emphasized the need to balance taxpayer, parent, and student rights to avoid broader labor actions.
Alberta Teachers’ Association President Jason Schilling highlighted the broader implications of using the notwithstanding clause, stressing that it would impact rights beyond the current dispute. Referring to a previous incident in Ontario where the notwithstanding clause was used during an education workers’ strike, AFL President McGowan underscored the significance of avoiding such actions in Alberta to prevent negative repercussions on workers’ rights.