Alberta Teachers' Association president Jason Schilling speaks to the media as teachers strike in Edmonton on Monday, Oct. 6, 2025. THE CANADIAN PRESS/Amber Bracken

By Lisa Johnson and Jack Farrell, The Canadian Press

EDUCATION

Teachers challenge Alberta law using notwithstanding clause to end strike

Nov 6, 2025 | 2:32 PM

Alberta teachers are taking Premier Danielle Smith’s government to court for passing a law to end their strike and for using the Charter’s notwithstanding clause to do it.

Jason Schilling, head of the Alberta Teachers’ Association, says the union has filed an application asking for a judge to immediately pause the law until a full constitutional challenge is heard.

Schilling says the province’s use of the notwithstanding clause is invalid, unconstitutional and stops courts from doing their job.

He says the law violates teachers’ rights to freedom of association and expression and, if left unchallenged, sets a dangerous precedent that could be used against other workers and citizens.

The clause allows governments to override certain Charter rights, but it must be renewed every five years.

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Smith used it last week to end the three-week provincewide teachers strike, saying the complexity of bargaining, the size of the walkout and the growing toll on students left her government with no other option.

This report by The Canadian Press was first published Nov. 6, 2025.