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Alberta uses notwithstanding clause to end teachers’ strike and force return to classrooms

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Alberta Passes Bill Forcing Teachers Back to Work

After weeks of classroom closures, Premier Danielle Smith’s government has passed emergency legislation to end the province-wide teachers’ strike, invoking the notwithstanding clause to override constitutional challenges and compel a return to work as early as Wednesday.

The Back to School Act (Bill 2) passed early Tuesday morning following a tense all-night sitting at the Alberta legislature. The law imposes a four-year collective agreement on teachers and restricts future strikes, drawing condemnation from the Alberta Teachers’ Association (ATA) and opposition parties.

“Our intention is to pass this legislation immediately and end the strike,” Smith said Monday. “My expectation is that students and teachers will be back in the classroom on Wednesday.”

Government fast-tracks debate

The United Conservative Party (UCP) used legislative tools to limit debate on all three readings of the bill. Finance Minister Nate Horner said invoking the notwithstanding clause was necessary to “ensure classrooms stay open.”

Opposition MLAs shouted “shame” in response.

“Time allocation is a blunt instrument, and not a shield for constitutional overreach,” said NDP MLA Heather Sweet. “When paired with the notwithstanding clause, it becomes a double blow to our democracy.”

The clause allows governments to override certain Charter rights for up to five years.

Nenshi calls Smith ‘authoritarian’

Opposition Leader Naheed Nenshi condemned the move, calling it unconstitutional and unnecessary.

“She’s woken up parents, teachers, students, and workers,” Nenshi said. “Danielle Smith is going to rue the day she did this.”

He argued the government could have pursued binding arbitration instead of legislating a deal.

The ATA, representing 51,000 teachers, vowed to pursue all legal options to challenge what it called an “egregious assault” on collective bargaining rights.

Details of the imposed agreement

The contract covers Sept. 1, 2024 to Aug. 31, 2028 and includes:

  • 3% annual salary increases

  • Hiring commitments for 3,000 new teachers and 1,500 educational assistants over three years

  • Suspension of local bargaining until 2028

  • Fines up to $500 per day for individuals and $500,000 per day for the union if they defy the back-to-work order

Smith said the agreement provides “fair compensation” and stability for families.

The ATA says the deal ignores class size, student complexity, and workload issues — the key reasons for the strike that began Oct. 6 after teachers overwhelmingly rejected two previous offers.

“We saw a government bully,” said ATA president Jason Schilling. “It’s a travesty for democracy.”

What comes next

The government says an action team will soon deliver a report on aggression and complexity in classrooms, to be followed by a new task force on class size and student support.

Smith’s government maintains that the notwithstanding clause was needed to prevent disruptions in Alberta’s 61 school boards.

Meanwhile, teachers are preparing to return to class — under protest — as the political fallout continues.

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