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Canadian teachers’ groups condemn use of notwithstanding clause

Students and supporters rally at the Alberta legislature to protest the province’s decision to order striking teachers back to work, in Edmonton on Oct. 30, 2025. THE CANADIAN PRESS/Jason Franson. Jason Franson/ The Canadian Press

Groups representing more than 420,000 teachers across Canada have come together to denounce the recent use of the notwithstanding clause to force teachers back to work and terminate legal labour disputes.

In a joint statement on Tuesday, Clint Johnston, president of the Canadian Teachers’ Federation (CTF), joined Alberta Teachers’ Association (ATA) president Jason Schilling to call on Prime Minister Mark Carney to annul or repeal future provincial use of the notwithstanding clause to restrict workers’ rights to strike.

In October, Alberta Premier Danielle Smith’s United Conservative government used its majority power to invoke the notwithstanding clause and pass a bill that ended a three-week-long provincial public school teachers’ strike that affected more than 740,000 children.

Before the bill was introduced, Smith told reporters the size of the strike and the need for ongoing labour stability in schools required the clause, which overrides Charter rights and prevents court challenges of the legislation for up to five years.

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“This is a very unique situation we find ourselves in. This is a unique strike. We’ve never had 51,000 workers off the job at the same time,” Smith said.

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“We believe invoking the notwithstanding clause was a necessary measure to end the undue hardship caused by the teacher strike,” Alberta Education Minister Demetrios Nicolaides said in a statement to Global News on Tuesday.

“The teacher’s strike reached a point where it caused irreparable harm on student learning. Our government will not hesitate to use every available legal tool in defence of students. This was a necessary step and the most responsible decision for kids, teachers and parents. We stand by those statements, and the legislation.”

The joint statement mentioned Alberta’s situation as only the most recent example of the use of the clause to “deny human and democratic rights,” pointing to other legislation, including Saskatchewan’s “Parents Bill of Rights” in 2023 and the “Keeping Students in Class Act” in Ontario in 2022, as well as several others.

It called the use of the notwithstanding clause in labour negotiations “an abuse of legislative power… teachers’ rights to freedom of association, collective bargaining and the right to strike are constitutionally protected and must remain so.”

Johnston says the ground unions like his are standing on is becoming “increasingly unstable.”

“At times like this, we need to be able to depend upon the agreed upon structures baked into our society to uphold and defend the rights of those who would fall prey to the political whims of provincial and territorial government.”

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“The erosion of trust, the damage done to a profession, the message sent to workers is that their rights are somehow conditional, temporary, and negotiable when politically convenient,” Schilling said.

“I’ve watched that play out in the classrooms and staff rooms across this province. Once that trust is broken, rebuilding will take years. Morale suffers, relationships fracture.”

Schilling adds the ripple effects are still being felt long after the bargaining table was wiped clean.

“Young people again begin to question whether public service that supports our communities is worth the sacrifice. Experienced professionals begin to leave.”

The Canadian Teachers’ Federation has launched a petition in support of the groups. The petition will be open until July 24, 2026.

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