The Alberta Teachers’ Association has filed a constitutional challenge against the provincial government’s back-to-work legislation, arguing the law violates fundamental Charter rights and sets a dangerous precedent for all Canadians.

The legal application, filed Nov. 6 with the Court of King’s Bench in Edmonton, seeks to overturn Bill 2, known as the Back to School Act, which ended a 16-day teacher strike in late October by imposing a collective agreement and prohibiting future strikes.

The case is scheduled for an initial hearing Nov. 20, where the union will seek an injunction to immediately suspend the legislation pending a full constitutional review.

“This government’s over-reaching decision to apply the notwithstanding clause to Bill 2 goes beyond forcing teachers to end a lawful strike, imposing a settlement and restricting free collective bargaining,” said ATA President Jason Schilling. “It sets a precedent that threatens the fundamental freedoms and legal protections afforded to all Albertans.”

The legal challenge centres on several constitutional arguments, including claims that the government improperly invoked the Charter’s notwithstanding clause and attempted to prevent courts from reviewing the legislation’s constitutionality.

The ATA argues the legislation violates teachers’ Charter rights to freedom of association and expression, while disproportionately affecting women, who comprise approximately 75 per cent of Alberta’s teaching workforce.

According to the court documents, 89.5 per cent of teachers voted to reject the collective agreement that was ultimately imposed through the legislation.

The strike began Oct. 6, 2025, after negotiations broke down between the ATA and the Teachers’ Employer Bargaining Association. Teachers cited concerns about classroom complexity, inadequate funding and salary issues that had persisted for decades.

The government introduced Bill 2 during a special legislative session Oct. 27, passing it through all three readings in a single day with limited debate time. The legislation received Royal Assent around 2 a.m. Oct. 28.

Beyond the strike prohibition and imposed settlement, Bill 2 included penalties of up to $500 per day for individual teachers and $500,000 per day for the union if they participated in job action.

Section 14 of the legislation attempted to prevent any court challenge by declaring no legal basis existed for proceedings against the government related to the Act. This provision forms a key part of the ATA’s constitutional argument.

The union contends this represents an unprecedented attempt to prevent judicial review of government actions, which threatens the fundamental principle of judicial independence protected under section 96 of the Constitution Act, 1867.

The notwithstanding clause invocation marked the first time the Alberta Legislature used this constitutional provision, which allows governments to override certain Charter rights for up to five years.

However, the ATA argues the clause was applied too broadly, attempting to override numerous Charter provisions that have no connection to the labour dispute, including protections against arbitrary detention and the right to legal counsel.

The legal challenge also claims the legislation violates section 28 of the Charter, which guarantees gender equality and cannot be overridden by the notwithstanding clause.

The imposed collective agreement includes salary increases of three per cent annually and commitments to hire 3,000 additional teachers over three years. However, it lacks the class size limits and classroom complexity provisions that teachers had sought through bargaining.

Schilling emphasized the broader implications of the legal challenge beyond education.

“Bill 2 represents such a serious intrusion on collective bargaining rights of teachers that teachers must oppose it not just on their own behalf but on behalf of all Canadians whose government might try and perpetrate similar injustices,” he said.

The ATA expects significant support from civil society groups, professional organizations, unions and religious groups across Canada who may seek to intervene in the case.

If successful, the legal challenge could restore teachers’ bargaining rights and set important precedents limiting governments’ ability to use the notwithstanding clause and restrict access to courts.

The case represents one of the most significant constitutional challenges in Alberta in recent years, with potential implications for labour relations and Charter rights across Canada.