Alberta teachers lose injunction bid challenging government back-to-work bill
CBC
A judge has ruled against a bid for an injunction that sought to pause provincial legislation that forced thousands of striking Alberta school teachers back to work last year.
The Alberta Teachers' Association filed an application in the Edmonton Court of King’s Bench, seeking an injunction that would temporarily suspend the Alberta government's Back to School Act.
On Friday, Court of King’s Bench Justice Douglas Mah ruled against the ATA's injunction bid.
The legislation, passed in October following a three-week strike, forced more than 51,000 teachers back to work and imposed a four-year collective agreement on educators.
In passing the bill, the Alberta government invoked the notwithstanding clause of the Charter in an attempt to shield the legislation from legal challenges.
The Alberta Teachers' Association, in turn, filed a constitutional challenge and sought a court injunction asking the courts to suspend the law while the broader constitutional case unfolds.
Lawyers for the ATA argued the act violates teachers’ constitutional rights, and that the government did not properly invoke the notwithstanding clause. The union contended that the clause was used retroactively to institute a contract that teachers had already rejected.
The provincial government's legal team said the ATA's case does not meet the legal grounds for an injunction, and that lifting the notwithstanding clause — and putting teachers back in a legal strike position — would not be in the public interest.
The ATA had previously said that if it won the injunction, the union would not pursue any labour action for at least three weeks.
The union continues to raise concerns that were central to the protracted labour dispute, including issues over compensation and what some call deteriorating classroom conditions.
The Back to School Act mandates educator salary increases of three per cent a year, and commits the government to hiring 3,000 teachers and 1,500 educational assistants over three years.
The act also prohibits teachers from taking job action, such as strikes, until 2028.
A court hearing on the constitutional merits of the legislation is expected to be heard in September.
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A judge has ruled against a bid for an injunction that sought to pause provincial legislation that forced thousands of striking Alberta school teachers back to work last year.
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