The Alberta Teachers’ Association (ATA) has delayed its day in court on Bill 2, the Back to School Act, which forced teachers back to work in October and stripped away their Charter rights by invoking the notwithstanding clause.
The ATA’s Provincial Executive Council recently voted unanimously to accept a recommendation from Field Law, the Association’s legal counsel, to delay the full hearing on the merits of the ATA’s legal challenge to Bill 2 by six months.
This decision was favourably received by the presiding judge, Justice Mah, who had previously expedited the ATA’s application for an injunction to roll back the legislation. Justice Mah had noted in that proceeding the potential importance of cases currently being considered by the Supreme Court of Canada.
“This is not a setback, but, rather, a strategic and deliberate move that will allow us to take into account the cases Justice Mah referenced as we build our own case,” said Jason Schilling, ATA president.
The two relevant cases currently before the Supreme Court of Canada, one from Quebec and one from Saskatchewan, deal with very similar legal questions at the heart of the ATA’s challenge, particularly the use of the notwithstanding clause by provincial governments. Given that the ATA’s case is still in the provincial court system, not the Supreme Court of Canada, the outcomes of those cases are expected to establish new precedents that would affect the ATA’s arguments and help its legal team focus its presentation to court.
With the requested delay, the hearing on the ATA’s legal challenge of Bill 2 is set to take place in July 2027. Many other deadlines and milestones regarding the challenge need to be met during the lead up to the ATA’s day in court, and the ATA will be busy preparing its case.
Recognizing that some members will be frustrated and disappointed in the delay, Schilling emphasized the ATA’s ongoing commitment to upholding the rights of teachers across the province.
“When we have our day in court next year, we will be well equipped to present the strongest case possible on behalf of all our members,” he said. “They deserve nothing less.”