Calgarians, Did You Know? The Notwithstanding Clause Isn’t the Final Say

Calgarians are sharply focused on the province's recent invocation of the Notwithstanding Clause, a move that fundamentally impacts local education and broader labour rights. On Monday, October 27, 2025, the Alberta government passed Bill 2, the "Back to School Act," using the clause to compel 51,000 striking teachers across the province back to classrooms by Wednesday, October 29.

This legislation overrides teachers' constitutional right to strike, specifically their freedom of association, and unilaterally imposes a collective bargaining agreement that had been previously rejected. Beyond Charter rights, the bill also suspends protections outlined in the Alberta Bill of Rights and the Alberta Human Rights Act.

While provincial governments can temporarily override certain Charter rights (sections 2, and 7-15) for up to five years, Ottawa holds long-standing, though rarely used, powers to challenge such provincial actions. Sections 55 to 57 and 90 of the Constitution Act, 1867, empower the federal government to intervene if a province is deemed to have overstepped. Federal disallowance powers, notably last used in 1943 against an Alberta law, remain legally valid.

However, federal intervention is not a casual affair. It typically requires clear and ongoing rights violations, demonstrable failure of provincial remedies, and transparent action supported by Canadians, especially Albertans. With the federal Justice Minister's office stating they are "reviewing the bill" and a coalition of 30 Alberta unions representing 350,000 workers promising an "unprecedented response", the current situation underscores the critical role of citizen advocacy in preserving fundamental rights within our federal system.