There is an update on our legal challenge to Bill 2, the Back to School Act , that forced teachers back to work in October and stripped away their Charter rights.
At its most recent meeting, Provincial Executive Council voted to accept a recommendation from Field Law, the Association’s legal counsel, to delay the full hearing on the merits of our challenge by six months. This decision was favourably received by the presiding judge, Mr. Justice Mah, who had previously expedited our 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 a strategic decision based on our legal team’s advice.
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 our challenge, particularly the use of the notwithstanding clause by provincial governments.
The outcomes of those cases could establish new precedents that would affect our arguments, and waiting for those rulings to come down gives our legal team the opportunity to more effectively focus our presentation in light of the evolving state of the law, and create the strongest possible case on your behalf.
As a result, our hearing will now take place the week of July 19, 2027. In the six months leading up to the hearing, the parties will be fully engaged exchanging expert evidence, conducting cross examinations, finalizing briefs and facilitating interventions by third parties.
We recognize that news of a delay may be frustrating for many members. It is not a step back, it is a deliberate choice to pursue this challenge in the most effective way possible.
We remain committed to challenging this legislation and will continue to keep you informed as this process unfolds.