In a deeply disappointing move - and to avoid good faith bargaining - the Premier of Alberta has used the notwithstanding clause to force Alberta's 51,000 teachers back to work. This is a dangerous precedent that will impact workers across the country.
Collective bargaining rights are under attack.
The notwithstanding clause is part of our Canadian Charter of Rights and Freedoms and in Alberta the Alberta Bill of Rights and Alberta Human Rights Act. This clause is intended for emergency situations. The notwithstanding clause allows governments to circumvent the legal framework of the Charter's rights, primarily fundamental freedoms, legal rights and equality rights.
In this case, the notwithstanding clause was utilized to strip the Alberta Teachers Association of their bargaining rights.
Premier Smith has weaponized legislation that is intended to protect citizens. Legislating teachers back to work, stripping them of their bargaining rights is a direct attack on students, families and the teachers who keep the education system functioning.
This legislation means Alberta Teachers have zero bargaining power for a period of at least five years and are subject to a contract they strongly rejected.This action has a chilling effect on labour rights and is widely seen as a significant overreach of power.
While the strike is over - classrooms in Alberta remain overcrowded, under supported and without the critical funds needed. Teachers’ wages have lagged behind inflation rates for far too long and they are asked to do more with less on a daily basis. Worse still - teachers have been silenced and democracy has been challenged.
ATA President Jason Schilling noted that “Teachers will comply with the law, but make no mistake—compliance is not consent. The Association will fight this abuse of power with every tool the law provides and every ounce of conviction we possess.”
PIPSC proudly stands in solidarity with the Alberta Teachers’ Associate, the Alberta Federation of Labour and the Canadian Labour Congress. As a labour movement we must stand up for our right to bargain, strike and organize.
We encourage you to show your solidarity too. Visit the ATA’s website and take action today.
All Canadians must push back against this devastating overstep.
We recognize that future job actions could further impact parents, including our members, across the province. PIPSC will ensure members are aware of their rights and how to show support. Employers are required to consider accommodation requests on a case by case basis.
If you require support, please reach out to your local stewards.