Alberta union leaders are warning of a forceful response if the provincial government invokes the notwithstanding clause when it introduces legislation Monday aimed at forcing teachers back to work.
The Alberta Federation of Labor (AFL) is a group that represents unions such as the Alberta Provincial Employees Union and the Public Service Alliance of Canada. In total, it represents more than 350,000 workers.
The group held an emergency meeting Friday to discuss the province’s upcoming back-to-work legislation.
“We came out of that meeting with a clear message to the premier. And that message was: ‘Don’t you dare press the notwithstanding clause button,'” AFL president Gil McGowan said.
The notwithstanding clause is a legal tool included in the Canadian Charter of Rights and Freedoms. Also known as Section 33, the clause allows provincial and territorial governments to overrule court challenges to their legislation.
Although the province has not said it will use the clause, the Federation is concerned it will be included in Bill 2, the back-to-work legislation expected to be introduced in the Alberta legislature on Monday.
That bill would effectively force teachers to return to work for the first time since they began striking on October 6.
“If they do, we are prepared to respond,” McGowan said in an interview. “Unprecedented action will lead to an unprecedented response from our union movement.”
McGowan said it’s unclear exactly what that action will look like. Union leaders discussed the possibility of a general strike during Friday’s meeting, but McGowan said the federation will wait to respond until it sees what’s in Bill 2.
Province has not said that it will use clause
Premier Danielle Smith’s government has yet to use the non-detriment clause. Internal memos suggest However, he will invoke it to enforce controversial laws affecting transgender students.
On his weekend radio show, Your province, your prime ministerDanielle Smith responded to the possible threat of a province-wide strike, should her government invoke the Bill 2 clause.
“We have to make sure we’re balancing taxpayer rights, balancing parental rights and balancing student rights. I hope it doesn’t end up in broader job action,” he said.
“We are very happy to have been able to obtain more than half of our [collective] signed agreements. That’s what I think we should do. Let’s focus on the problems of each of the bargaining units and try to solve them.”
At a news conference Friday, Alberta Teachers’ Association president Jason Schilling said any use of the notwithstanding clause in this dispute would have a ripple effect on other unions.
Schilling said the clause, if used, restricts rights.
“That should be a concern for Albertans beyond the scope of the teachers’ strike and the legislative agreement that could be reached,” he said.
“We need to make sure we’re watching this very carefully and responding as necessary.”
Use of the clause during the educational strike
In 2022, Ontario Premier Doug Ford’s government attempted to prohibit a strike by education workers by passing a bill to prevent the strike and impose a contract. The bill included the use of the notwithstanding clause.
In response, CUPE workers walked off their jobs, forcing the closure of hundreds of schools. Ontario then repealed the law entirely.
McGowan used the Ontario job action as an example of how important it is to avoid the clause and his fears about what could happen if Alberta does invoke it.
“It’s not just bigger than the teachers’ strike. It has the potential to be bigger than Alberta,” he said.
“If we have a provincial government that uses the notwithstanding clause to crush workers’ rights, especially the right to strike, then other governments, especially Conservative ones, will see that as a precedent that they will follow.”
