Alberta teachers say they are suing Premier Danielle Smith's government for violating their Charter right to end a strike, while some members of her caucus say public anger against them is growing.
Jason Schilling, head of the Alberta Teachers Association, announced Thursday that the union has filed an application asking a judge to immediately suspend all or part of the law until the full constitutional challenge is heard.
The case is scheduled to be heard on November 20 in Edmonton Court of Queen's Bench.
“In this lawsuit, the teachers will ask the court to find that the government's use of the notwithstanding clause was unlawful and void,” Schilling told reporters.
He said the law violates teachers' rights to freedom of association and expression and, if left unchallenged, sets a dangerous precedent that could be used against other workers and citizens.
“This lawsuit is not symbolic. It is necessary,” he said.
“We stand for the Charter itself, for the rule of law and for the limits that protect citizens from arbitrary government decisions.”
Justice Minister Mickey Emery said in a statement that the government would vigorously defend its bill in court.
“We implemented this provision because students and parents deserve complete confidence that children will be able to return to the classroom and remain in the classroom,” Amery said.
“We remain focused on long-term stability in education, fair pay for teachers and advocacy for students.”
This provision allows governments to override certain Charter rights, but must be renewed every five years.
Smith used it last week to pass a bill overnight to end a three-week teachers' strike across the province. The Prime Minister said the complexity of the negotiations, the scale of the strike and the mounting losses of more than 740,000 students left her government with no other choice.
The Smith Act not only invoked the notwithstanding clause, but also imposed a collective bargaining agreement on 51,000 teachers that they had previously rejected. Failure to follow the law also resulted in severe fines of up to US$500 per day per person.
Labor groups, civil rights advocates, advocacy organizations, Amnesty International and the Anglican Diocese of Edmonton condemned it as a dangerous abuse of power.
It has also renewed debate about how best to balance the rules of the Charter with the responsibility of governments to determine and act on what is best for their citizens.
The Alberta Federation of Labour, speaking on behalf of a coalition of unions, initially suggested a general strike was on the horizon, but later said such a response would take time and planning and would instead conduct a poll to see if there was support for such an extreme response.
This issue, along with other general grievances, began to affect members of the Smith faction.
In recent weeks, two citizen-initiated recall petitions have been approved against Education Minister Demetrios Nicolaides, who represents Calgary-Bow, and Airdrie-East member Angela Pitt in an attempt to unseat both.
Nicolaides' petition accuses him of failing the public education system, while the citizen who organized Pitt's recall argues she has failed to do her job of representing the interests of the horse racing community on Calgary's northern outskirts.
On Wednesday, Agriculture Minister RJ Sigurdson, who represents the United Conservative Party stronghold of Highwood, took to social media to say he was concerned about the backlash in his community.
He said his constituency office has been inundated with phone calls and emails.
He denounced the “shouting, obscene gestures and rude, even threatening behavior” his family and his employees faced due to the use of the exclusion clause, and called the treatment of him and his employees “grossly unfair.”
He wrote that these are not just a breach of decency, “they are deeply troubling and may have a lasting negative impact on the well-being of those involved.”
“No one should ever have to endure this type of bullying or harassment,” Sigurdson said.
Grant Hunter, deputy minister of water resources and Taber-Warner MLA for southern Alberta, said Sigurdson's experience was “horrible” but not unique.
“I think every MLA office right now has a problem with people's anger and so we just have to deal with it,” he said after Thursday's meeting. “I think we just need to keep moving forward.”
UCP spokesperson Tani Yao, who represents Fort McMurray-Wood Buffalo, said he and his staff also received offensive messages, but did not provide details.
“It’s really disappointing and upsetting,” Yao said as he left the meeting. “Unfortunately, there are people inciting violence and physical threats, and that is truly unacceptable.”
When asked if he thought the anger would subside soon, Yao pointed to teachers' union leaders: “Ask the head of the (Alberta Teachers' Association) how hard they're going to push this.”
NDP Opposition Leader Naheed Nenshi, when asked about Sigurdson's comments, said political violence and persecution are unacceptable. But he said the UCP has been fanning the flames of division and anger since it took power.
“I encourage civility across the board, but I also encourage accountability,” Nenshi said.
“If you don’t want people to be angry because you make unconstitutional decisions that hurt them, try not to make unconstitutional decisions that hurt them.”
This report by The Canadian Press was first published Nov. 6, 2025.
