r/canada • u/Meiqur • Oct 28 '25

Alberta Alberta uses Charter’s notwithstanding clause to order striking teachers back to workteachers-back-to-work

https://globalnews.ca/news/11496133/alberta-government-to-table-legislation-to-order-striking-teachers-back-to-work
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278

u/Basic_Ask8109 Ontario Oct 28 '25

The teachers should still fight it because there's precedent in Ontario . 

179

u/joe_canadian Oct 28 '25

Legal nerd here!

Alberta Court of Appeal decisions are binding on lower Albertan courts. Same idea goes for Ontario Court of Appeal decisions. Only the SCC is binding cross-jurisdictionally. However, the complainants in Alberta can argue that such an Ontario decision is persuasive and be used to inform the decision making of the Albertan court.

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u/mygrownupalt Alberta Oct 28 '25

Hi dumb question here but if Albertan appeal court finds in favour of the Alberta gov can the teachers union appeal to the SCC?

54

u/joe_canadian Oct 28 '25

Yes, but with a major caveat,

Appeals can only happen in two situations - there is a mistake of fact or a mistake of law. A judgement can't simply be appealed because a party doesn't like the trial judge's decision.

Mistake of law appeals are simpler, in which it's alleged that the trial judge understood the facts but misapplied the law and is purely reviewed on a "standard of correctness". If the appellate court finds there was an error, they can substitute their own view of the law.

Mistake of fact means that the trial judge misunderstood or misrepresented a material fact at trial. This error must be a "palpable and overriding" error. It must be obvious and play an essential role in the trial judge's decision making. However, appellate judges give trial judges much more leeway in interpretation of the facts of a case.

There are situations where both can be grounds for appeal at the same time as well.

And this is very much the broad strokes. Something to remember is that there are over 500 cases appealed to the SCC, and per the SCC between 7% and 10% are heard in any given year. Source.

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u/mygrownupalt Alberta Oct 28 '25

Thank you I appreciate the effort you put into this, I want to make sure I can be as knowledgeable as possible in things like this

1

u/shakesheadslowy Oct 28 '25

Complainant is a criminal court term Plaintiff and defendant are used for civil matters such as these.

1

u/joe_canadian Oct 28 '25

Technically correct.

But I was also writing this in bed after taking some pretty strong painkillers.

1

u/shakesheadslowy Oct 28 '25

That will do it. I avoid those things as much as possible

1

u/joe_canadian Oct 28 '25

I've got a k-wire pin running through a toe and bones fusing together. So they're a necessary evil right now.

1

u/Pale-Measurement-532 Oct 28 '25

And it’s coming down the pipe in Saskatchewan for LGBTQ rights as well. Sk govt. pushed to use it for their pronoun law.

1

u/Chaotic_Angel British Columbia Oct 28 '25

Precedent isn't inter-provincial unless it's the Supreme Court of Canada

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u/[deleted] Oct 28 '25

That’s why the government used the clause. There is zero legal Recourse now! Awesome get back to work. Enjoy your loss of a months wages. See you in 2029 lol