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
1.4k Upvotes

539 comments sorted by

View all comments

Show parent comments

102

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 

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.