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Alberta Uses Notwithstanding Clause to End Teachers’ Strike as ATA Eyes Court Challenge

Legal experts say courts may issue only declaratory rulings on rights violations, leaving limited immediate remedies.

Overview

  • Bill 2, the Back to School Act, is now in force with Section 33 invoked to suspend Charter protections tied to striking.
  • Teachers returned to classrooms as the Alberta Teachers’ Association said it will comply with the law while exploring legal options.
  • Section 33 prevents courts from striking down the law for up to five years, though judges could still declare Charter breaches.
  • Recent Quebec and Saskatchewan appellate rulings diverge on courts’ powers when Section 33 is used, with further appeals pending at the Supreme Court.
  • The CCLA signaled interest in intervening in any challenge, the CBA’s Alberta branch criticized the pre-emptive override, and opinion writers defended it as a legitimate political response to the 2015 ruling recognizing a right to strike.