Union leaders across Alberta are warning of a harsh backlash if the provincial government invokes the clause when it introduces legislation Monday aimed at forcing teachers back to work.
The Alberta Federation of Labor (AFL) is the umbrella group representing unions such as the Alberta Union of Provincial Employees and the Public Service Alliance of Canada. Overall, it represents more than 350,000 workers.
The group held an emergency meeting Friday to discuss the province's upcoming reopening legislation.
“We came out of this meeting with a clear message for the Prime Minister. And that message was: 'Don't you dare press the default clause button,'” AFL president Gil McGowan said.
This provision is a legal instrument included in the Canadian Charter of Rights and Freedoms. The clause, also known as section 33, allows provincial and territorial governments to ignore legal challenges to its legislation.
While the province has not said it will use the clause, the Federation fears it will be included in Bill 2, the back-to-work bill, which is expected to be introduced in the Alberta legislature on Monday.
This bill would effectively force teachers back to work for the first time since they went on strike on October 6th.
“If they do, we are prepared to respond,” McGowan said in an interview. “This unprecedented action will lead to an unprecedented response from our labor movement.”
McGowan said it was unclear exactly what that action would look like. Union leaders discussed the possibility of a general strike during a meeting on Friday, but McGowan said the federation would wait to respond until it saw what Bill 2 contained.
The province has not said it will use the clause
Premier Danielle Smith's government has not yet used the provision. Internal memos suggest however, he will use it to enforce controversial laws affecting transgender students.
On his weekend radio show Your province, your prime ministerDanielle Smith responded to the potential threat of a province-wide strike if her government invokes Bill 2.
“We need to make sure that we balance the rights of taxpayers, balance the rights of parents and balance the rights of students. I hope this doesn't lead to a broader labor lawsuit,” she said.
“We are very pleased that we were able to receive more than half of our [collective] agreements have been signed. Here's what I think we should do. Let's focus on the problems of each of the bargaining units and try to solve them.”
At a news conference Friday, Alberta Teachers Association president Jason Schilling said any use of the non-solicitation clause in this dispute would have a ripple effect on other unions.
Schilling said the clause, if used, limits rights.
“That should be a concern for Albertans, beyond the teachers' strike and the legislative settlement that might happen,” he said.
“We need to monitor this very closely and respond to it as necessary.”
Use of this clause during an educational strike
In 2022, Ontario Premier Doug Ford's government attempted to ban the education workers' strike by passing the Strike Prevention and Contract Force Act. The bill included the use of a notwithstanding clause.
In response, CUPE workers walked off the job, leading to the closure of hundreds of schools. Ontario then repealed the law entirely.
McGowan used Ontario's labor lawsuit as an example of how important it is to avoid the clause, as well as his concerns about what might happen if Alberta did enforce it.
“This is not just bigger than a teachers' strike. It has the potential to be bigger than Alberta,” he said.
“If we have a provincial government that uses the exclusion clause to suppress workers' rights, especially the right to strike, then other governments – especially Conservative governments – will see that as a precedent that they will follow.”
