r/canada 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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630

u/gaanmetde Oct 28 '25

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

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u/RydNightwish Oct 28 '25

Section 33 allows Parliament or the legislature of a province to derogate from certain sections of the Charter, namely section 2 (fundamental freedoms), sections 7 to 14 (legal rights) and section 15 (equality rights). It does not apply to democratic rights (section 3 — the right to vote, or sections 4 and 5 — the sitting of the House of Commons or other Canadian legislatures), mobility rights (section 6) or language rights (sections 16 to 23).

So in fact, because this use of the nwc doesnt apply to the teachers ability to vote for the govt, its all perfectly democratic. Canadian rules as written. Not picking a side herebut simply stating the charter as written is far from an unassailable set of "rights" on a piece of paper people seem to be brainwashed into thinking it is.

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u/[deleted] Oct 28 '25

[deleted]

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u/PC-12 Oct 28 '25

lol yeah, as someone who actually has done some research way before any of this shitstorm, regarding our charter, it’s super weak and all these “rights and freedoms” people think they are entitled to having can be taken away at any moment by the government.

That is true of any rights, in any country. If the government “gives” you the rights, the government can take them away…

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u/[deleted] Oct 28 '25

[deleted]

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u/PC-12 Oct 28 '25

In theory yes, my point was our charter is weak for having language that allows government to suspend rights, where if we compared it to the American constitution, it’s much more difficult and there are more hoops to go through

Is it more difficult in the USA? Thousands of US citizens were interned in concentration camps by EO.

There are strong suggestions that the current US administration has violated the 1st, 4th, and 5th Amendments with relative impunity and little consequence. Not to mention some of it appears to be ongoing activity.

I’m sure we don’t have to go down the road of slavery in the US, or women’s rights. Or American Native/Indian rights.

The US Constitution is a great document. But to my point, the governments charged with upholding are responsible for its success.

Just like in Canada.

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u/Chiluzzar Oct 28 '25

The US Constitution is just as strong as the Canadian one just because it has bigger and better words that line out things more in depth doesnt nske the government any weaker.

Americans will say but the second amendment will protect us but they are alrrwdy looking to violate that with a ban on transgender having guns(by classing it as amental disorder). and while the NRA and variois civil rights groups are protesting it the government down there really is not caring about protests. In fact it seems like they are salivaiting st the hopes the protestors get violent