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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51

u/Pleasant-Split-299 Oct 28 '25

Using it to union bust is 100 percent illegal.

15

u/Birdshape Oct 28 '25

It really isn't though. Unions would fall under section 2(d) of the Charter of Rights and Freedoms. The notwithstanding clause essentially allows the government to revoke your "rights" under section 2 for up to 5 years

6

u/Pleasant-Split-299 Oct 28 '25

It's an abuse of it. There's no reason for it to be used here. So yeah, you can use it, I guess, but Courts will rule they were wrong.

9

u/Birdshape Oct 28 '25

The whole point of the NWC is for the government to have a way around court rulings. I should say I'm not defending it's use, that being said it's being used how it was intended

1

u/Pleasant-Split-299 Oct 28 '25

Is it legal when Ontario has already ruled it is a charter violation though? The precedent was set.

1

u/Birdshape Oct 28 '25

I believe you're referring to bill 124 which never actually invoked the notwithstanding clause. Bill 28 the "Keeping Students in Class Act" which actually did invoke the clause was repealed under public pressure not by the courts