'The pre-emptive use of the notwithstanding clause cannot be allowed to normalize,' says president of Canadian Bar Association
As Alberta’s classrooms reopen, the provincial government is facing criticism for ending the teachers' strike with back-to-work legislation – a situation that's more than likely of interest to other employers that may consider similar measures.
Speaking with the press, Alberta Education Minister Demetrios Nicolaides defended the decision to use the notwithstanding clause, highlighting the negative impacts of the strike: “academic disruption, social disruption, and psychological disruption.”
Nicolaides said he is “comfortable that the kids will be going back so that they can have that routine, have that structure, continue with their academics and social development.”
“That’s paramount to everything. That trumps everything else,” he said.
More than 51,000 members of The Alberta Teachers’ Association (ATA) were on strike prior to the back-to-work legislation as the teachers and their employer failed to come to an agreement on a new contract. Alberta’s “Back to School Act” imposes a collective agreement on teachers and prohibits them from striking until August 31, 2028.
Criticism from Canadian Bar Association
According to Christopher Samuel, president, Canadian Bar Association – Alberta Branch, "by invoking the notwithstanding clause, this legislation will take effect even if it violates the rights protected by sections 2 and 7 through 15 of the...
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