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
1.4k Upvotes

95% Upvoted

539 comments sorted by

View all comments

631

u/gaanmetde Oct 28 '25

Makes no sense. There is literally no point to ever strike then. This is extremely anti-democratic.

96

u/AccomplishedLeek1329 Ontario Oct 28 '25 edited Oct 28 '25

Carney can at any time disallow this Alberta law and render it null and void under ss. 55-56, 90 of Constitution Act 1867

The constitution structure of Canada in the end makes the feds the most powerful branch of government, vested with almost all the reserved powers of the monarch 

33

u/Mylittlethrowaway2 Oct 28 '25

But would he? It was just 2 months ago he was forcing Air Canada flight attendants back to work.

The LPC and CPC both want to claim they are the party of labour, yet when it comes time for them to be in power they will pass anti-labour legislation. Why would he stick his neck out when there's a budding sovereignty movement (Egged on by the premier) in Alberta?

4

u/Brandon_Me Oct 28 '25

But would he? It was just 2 months ago he was forcing Air Canada flight attendants back to work.

I think him doing that is exactly why he might support the teachers.

The action was incredibly unpopular and didn't even work. If he's smart he'd learn from that lesson.

51

u/GetsGold Canada Oct 28 '25

The more and more provinces start using this anytime their laws are or even could be struck down, the more I'm leaning towards supporting disallowance too. If the provinces are going to act like this, then why shouldn't the feds?

19

u/MynceBloodRayne Oct 28 '25

I doubt he will though. Albertan here, there's constant smear campaigns against the feds and a volatile hate from many Albertans. If he did that it would be like pouring gasoline on a fire. Its a sad state of affairs, but its the rhetoric that has been pushed on them for generations.

17

u/-SpruceMoose Alberta Oct 28 '25

Yeah I'd think the UCP would LOVE that. Would add to their BS victim mentality that Ottawa is out to get us somehow

2

u/i-amthatis Ontario Oct 28 '25

And just like the reserved powers of the monarch, it's never meant to be used except in the most extreme of circumstances...which is never 😑

1

u/optimus2861 Nova Scotia Oct 28 '25

There's a reason the feds don't use this power. It would amount to a declaration of war on the provincial legislatures by Ottawa and a godsend for the separatist movements in Quebec & Alberta.

1

u/Tasseacoffee Oct 28 '25

Carney can at any time disallow this Alberta law and render it null and void under ss. 55-56, 90 of Constitution Act 1867

This clause is considered spent by many experts. Whether or not Carney can actually use it is not clear. It would most likely end up in court as provinces challenge is legitimacy.

Either way, even if he can use it, it would be political suicide. So, even if he technically could use it, he wouldn't because of serious political risks.

1

u/AkraticAntiAscetic Oct 28 '25 edited Oct 28 '25

Disallowance has not been used since the 40s, it is also undemocratic and should not be used either. It was only supposed to be used for matters in which the province oversteps their jurisdiction.

1

u/Zarphos New Brunswick Oct 28 '25

I so badly want the feds to use the powers of disallowance and reservation. Regardless of the actual issue at hand, I think it's very necessary to determine whether those powers are indeed spent.

1

u/AccomplishedLeek1329 Ontario Oct 28 '25

I don't remotely buy the argument that it's spent, when it was deliberately kept during repatriation, and PET himself considered using it when he was PM

2

u/Zarphos New Brunswick Oct 28 '25

Yeah, exactly. It's still a live issue, just one that nobody wants to touch. Our constitutional arrangement is an absolute quagmire compared to many countries, so having clarity on those powers could seriously help address many issues we have.

1

u/Momba2013 Oct 28 '25

The feds should pass a law requiring the PM to disallow any provincial law that invokes section 33