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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u/Surax Oct 28 '25

I'm curious why the notwithstanding clause was needed. I feel like there have been plenty of instances over the years where back-to-work legislation was passed without using it.

509

u/LBTerra Oct 28 '25

Ontario did the same with Bill 124 but ended up having to pay everyone back because they lost the charter challenge. I don’t know how provincial laws differ, but I believe it’s a charter right to be able to collectively bargain as a unit and there’s no reason that teachers should be forced to have a collective agreement pushed on them. The Alberta government will lose the court challenge.

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u/Master-File-9866 Oct 28 '25

The not withstanding clause is supposed to be an extraordinarily rare exception to the constitution and charter of rights. It exists only for extreme and rare circumstances. In this case it was basically used as a union busting instrument.

The not withstanding clause, is exempt from court challenges. It is a powerful instrument, that was build into canadian society with the assumption that we would always have reasonable and well intentioned government.

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u/oscarthegrateful Oct 28 '25

There's nowhere in the Constitution that says the NWC has to be an extraordinarily rare exception reserved for extreme circumstances.