Alberta’s Use of the Notwithstanding Clause to Force Teachers Back to Work is a Dangerous Abuse of Power

“The Alberta government’s decision to invoke the notwithstanding clause to order teachers back to work marks a deeply troubling moment for our democracy,” said Howard Sapers, Executive Director of the Canadian Civil Liberties Association. “If Alberta can use the notwithstanding clause now without consequence, it will not hesitate to do so again — and so will other governments.”

The new legislation is an egregious attack on workers’ rights that bans teachers from taking any strike or labour action for the duration of the imposed collective agreement. It also suspends formal local bargaining between school boards and unions and bans teacher lockouts for the length of the agreement. Teachers who continue to strike could face fines of up to $5,000 per day, while unions could face penalties of up to $500,000 per day.

“Invoking the extraordinary override of the notwithstanding clause to quash a lawful strike and impose a contract is a direct assault on teachers’ Charter-protected right to freedom of association,” said Anaïs Bussières McNicoll, Director of CCLA’s Fundamental Freedoms program.

“We have seen this before,” McNicoll added. “In 2022, Ontario tried the same approach with Bill 28, attempting to force education workers back to work. And they failed – the Ontario government was ultimately forced to back down after an overwhelming show of resistance from organized labour and the public. Alberta should learn from that lesson — fundamental rights and freedoms cannot simply be legislated away.”

“Each new use of the notwithstanding clause normalizes an abuse of power that weakens Canada’s democracy,” Sapers added. “When governments use the notwithstanding clause to dodge accountability and silence opposition, they don’t just target workers—they threaten the rights of everyone in Canada.”