Struck down: teachers ordered back to work

By Cal Braid
Taber Times
Local Journalism Initiative Reporter

The premier and her ministers were under heavy fire from the NDP in the Alberta Legislature on Monday, just hours before they ruled that Bill 2, the Back to School Act, would be passed. The criticism started amiably but quickly turned abrasive as the UCP leaders attempted to defend their decision to order teachers back to the classroom.

 By the end of the day, it was done. The Act went into effect and the UCP invoked the ‘notwithstanding clause’ to do it. The Centre for Constitutional Studies explains the clause this way: “Section 33 of the Charter of Rights and Freedoms is commonly referred to as the ‘notwithstanding clause.’ Its function is to prevent a court from invalidating a law that violates Charter provisions relating to fundamental freedoms, legal rights, or equality rights.”

 By invoking it the UCP opened itself up to harsh criticism. NDP Leader Naheed Nenshi issued a scathing press release on Oct. 28, saying, “Alberta’s New Democrats unequivocally condemn this absolutely gross abuse of power that will shield this government for five years from any legal accountability.”

 “We’ve also learned the government will unilaterally impose their failed collective agreement that was already rejected by 90 per cent of teachers and does nothing to address classroom conditions. The bill also includes massive fines to workers and unions for any noncompliance.”

 Both teachers and institutions are subject to those steep fines if they don’t fall in line.

 Premier Danielle Smith’s statement issued a statement of her own. “This strike has gone on long enough. It’s clear there’s no path forward unless we act. The Back to School Act refocuses everyone on what matters most, the education of Alberta’s students.”

 The Alberta Teacher’s Association was just as quick to react. “This legislation is a gross violation of the foundational principles of collective bargaining and the ability of workers to organize and bargain collectively.”

 “Rights are indivisible. An attack on teachers’ right to free association is an attack on all workers and sets a precedent for this government to trample on other fundamental freedoms and individual rights.”

 The ATA said it intends to pursue all legal alternatives to challenge Bill 2 and the “egregious assault” on the collective bargaining rights of teachers and all workers province-wide. It also acknowledged the toll that strike has taken on students and families, but thanked the overwhelming majority who supported the cause.

 “We call upon you now to demand more for education from your elected representatives and hold them responsible for delivering the education system that Albertans deserve and expect,” the ATA said.

 Nenshi added to his original statement, saying, “The UCP already had all the necessary tools to end this strike without taking such shocking steps. Instead, they picked a fight with teachers and chose the most unconstitutional and antidemocratic path possible to force them back to work.”