Media Release

ATA files legal challenge to Bill 2

News release and News Conference graphic

Today, Alberta teachers took the first steps towards restoring their fundamental freedoms and protecting the rights and freedoms of all Albertans.

The application filed with the Court of King’s Bench seeks to overturn the sections of Bill 2 (the Back to School Act) that deprive teachers of their right to engage in collective bargaining and engage in labour action despite the government’s attempt to preclude these actions by invoking the notwithstanding clause.

The challenge to Bill 2 also includes an application for an injunction to immediately stay the operation of the Act pending a full hearing and decision on the challenge.

“This government’s over-reaching decision to apply the notwithstanding clause to Bill 2 goes beyond forcing teachers to end a lawful strike, imposing a settlement and restricting free collective bargaining. It sets a precedent that threatens the fundamental freedoms and legal protections afforded to all Albertans.”

—ATA president Jason Schilling

The government has also tried to put up a roadblock preventing Alberta teachers from even going to court at all. All Albertans – all Canadians – should be alarmed and outraged by such an attempt to prevent people from defending their rights in court and to prevent the courts from doing their job. This will also be a part of challenge.

“Bill 2 represents such a serious intrusion on collective bargaining rights of teachers that teachers must oppose it, not just on their own behalf, but all Canadians whose government might try and perpetrate similar injustices.”

—ATA president Jason Schilling

The issues at stake here are serious and important for the future of collective bargaining, not just for teachers, but for all unionized employees who are at risk of similar breaches of their rights. A large number of civil society groups, professional organizations, unions and even churches and religious groups from across Canada stand ready to support teachers in this struggle. We anticipate that many will be seeking to intervene and stand with us in our legal challenge. 

 

ATA challenges Bill 2. President Schilling speaks to media on November 6, 2025