Alberta teachers’ attempt to pause back-to-work law fails; union vows to continue constitutional challenge against government’s use of notwithstanding clause.
Edmonton Court Denies Teachers’ Injunction Request
Alberta teachers faced a setback Friday as a judge rejected their bid to temporarily halt the province’s back-to-work legislation. The law had ended a teachers’ strike last fall, sending more than 51,000 educators back to classrooms and imposing a four-year contract.
Justice Douglas Mah of the Court of King’s Bench clarified that his ruling is not a final verdict on the Alberta Teachers’ Association (ATA) constitutional challenge. He also emphasized that his decision should not be interpreted as support for the government’s Back to School Act.
“We knew the bar for this injunction was high, but there’s still hope for our larger legal challenge,” said ATA president Jason Schilling, who described the ruling as “deeply disappointing” but acknowledged the court’s thoughtful consideration.
Understanding the Legal Test
Justice Mah highlighted three criteria for granting an interlocutory injunction:
Serious issue to be tried – the ATA met this standard, raising questions about the use of the notwithstanding clause.
Irreparable harm – although the union demonstrated harm, it did not meet the threshold for irreparable damage, since the effects of the law were already in place.
Balance of convenience – the court sided with the province, noting that the public interest, including students and families, would suffer from further disruptions.
“The justice acknowledged the harm has occurred, which is central to our constitutional challenge scheduled for September,” Schilling added, signalling that the fight is far from over.
Government Officials React
Education Minister Demetrios Nicolaides praised the ruling, saying it ensures students remain in the classroom. “They’re the ones who pay the price if labour disruption continues,” he said. Nicolaides stressed that conversations about improving the education system and increasing investments will continue.
A spokesperson for Justice Minister Mickey Amery also welcomed the decision, calling it a validation of the notwithstanding clause as a constitutional tool for governments acting in the public interest.
Opposition Voices Concern
The provincial NDP criticized the government’s use of the notwithstanding clause, pointing out that the conditions sparking the strike, including classroom complexity, remain unresolved. “All Albertans had their rights affected when the government trampled teachers’ constitutional rights,” said education critic Amanda Chapman.
What the Back to School Act Means
Passed last October, the Back to School Act:
Imposes 3% annual salary increases for teachers
Requires hiring 3,000 teachers and 1,500 educational assistants over three years
Prevents job action, such as strikes, until 2028
The ATA has argued that the act violates teachers’ constitutional rights and that the notwithstanding clause was misused retroactively to enforce a contract educators had already rejected. The government maintains that reversing the clause and allowing strikes would harm the public interest.
Schilling said the ATA remains committed to restoring freedoms they believe were stripped by the law. “We see the use of the notwithstanding clause as a tool to silence teachers. This is not normal governance,” he said.
