Alberta Teachers’ Association seeking court injunction over back-to-work legislation

The Alberta Teachers' Association was in court Wednesday asking a judge to temporarily suspend the province's Back to School Act while the union’s broader constitutional challenge proceeds later this year.

The two-day hearing in Edmonton Court of King’s Bench is focused solely on an application for an injunction. If granted, the order would pause the operation of Bill 2 until a full hearing determines whether the law is constitutional.

Bill 2, passed in October, forced striking teachers back to work by imposing a four-year collective agreement.

The legislation invoked the notwithstanding clause of the Charter to shield it from court challenges.

Lawyers for the ATA argue the act violates teachers’ constitutional rights and that the government did not properly invoke the notwithstanding clause. They contend the clause was used retroactively to impose a contract that teachers had already rejected.

“There's other ways that government can get to a conclusion in the bargaining process without such a heavy hammer like this,” said ATA president Jason Schilling outside court Wednesday.

Schilling said teachers feel hurt by the government’s decision.

“I don’t think the premier truly understands the level of hurt that using the notwithstanding clause on teachers has caused,” he said. “I think that she’s out of touch when it comes to looking at that.”

The provincial government has said it had no choice but to end the strike, saying prolonged job action was affecting students and families.

If the court grants the injunction and the government does not appeal, the parties would return to the position they were in before the legislation came into force, meaning teachers could legally resume strike action.

However, the ATA says it would observe a three-week pause before taking any steps to cease providing professional services.

If the injunction is denied, Bill 2 will remain in effect while the constitutional challenge continues. The case is set to be heard in court in September.

“Having any expectations at this point that the two of them could sit down and hammer out a deal on their own seems very unlikely,” said Jason Foster, a professor of human resources and labour relations at Athabasca University.

“I think we would be in a very bit of uncertain terrain in terms of how the two parties react, what they choose to do and and where this would lead us until we actually do get a hearing in the fall.”