Alberta Teachers’ Association (ATA) president Jason Schilling has issued the following statement regarding the Court of King’s Bench of Alberta’s rejection of the ATA’s application for an injunction to suspend the application of Bill 2, the Back to School Act :
“Justice Mah’s thoughtful ruling spoke directly to teachers. While disappointing, it does not signal the end of our fight to restore the fundamental freedoms that Bill 2 stripped from Alberta’s teachers in the fall. We see the government’s use of the notwithstanding clause for what it is: a means to silence teachers and sidestep the Charter. This is not normal governance and is an affront to all Albertans.
Although the Back to School Act will remain in force, the Association will still challenge its constitutionality in a full hearing before the Court of King’s Bench that is already scheduled for the week of September 21.
Until then, the Association will continue to hold the government accountable for everything promised to Alberta’s students, teachers and public education system. Alberta students and teachers deserve to see progress. We refuse to settle for anything less.”
President Schilling noted that Justice Douglas Mah fully recognized the impact of the hurried passage of this legislation on teachers, which was reflected in his considered decision:
“I can well imagine the incredulity, if not the despair and disrespect, that teachers felt upon the passage of the BSA [ Back to School Act ]. The exercise of their right to strike, a democratic right guaranteed under Canada’s Constitution and their only bargaining chip, was eliminated and a previously rejected collective agreement was rammed down their throats.” (paragraph 77)
and
“I know this decision is deeply disappointing to the ATA and its members. I am also aware many members of the public support the teachers and feel the notwithstanding clause in the BSA was invoked in a high-handed way. This is not the end of the road for the ATA and teachers. The ATA will have the opportunity to bring the case in full at the merits hearing in September 2026. By then the SCC [Supreme Court of Canada] may provide clarity about when and how Charter S 33 [the notwithstanding clause] is validly invoked.” (paragraph 110)
The Alberta Teachers’ Association, as the professional organization of teachers, promotes and advances public education, supports teachers’ professional practice, and serves as the advocate for its 51,000 members.