On November 6, the Alberta Teachers’ Association (ATA) took a major step to restore the charter rights of teachers by filing an originating application with the Court of King’s Bench of Alberta. It challenges the lawfulness of Bill 2, the Back to School Act, which forced an abrupt end to Alberta teachers’ lawful strike.
Interim injunction and constitutional challenge
The originating application also serves as an application for an interim injunction, which could see Bill 2 set aside as the ATA’s legal challenge moves through the court system. If successful, the injunction would reset the clock to before Bill 2 was put into force.
“The interim injunction would restore the membership’s previous legal environment,” said Sean Brown, chief negotiator and coordinator of Teacher Employment Services for the ATA.
While this means teachers would once again have the right to take labour action, Brown noted that it would not mean teachers would immediately or automatically be back on strike.
“Prior to October 27, we were in a legal strike position,” he said. “If that environment is restored, the ATA’s Provincial Executive Council (PEC) would be required to decide next steps.”
Brown added that such decisions would depend on several factors.
“The Association’s goal has never been to strike for the sake of striking; it was taking labour action to move the needle on the crucial issues of class size and complexity, as well as salary,” said Brown. “These decisions are about the ‘risk–reward’ calculus, and PEC is fully aware of those considerations.”
Regardless of the outcome of the injunction, the constitutional challenge will go ahead, based on five main points—namely, that Bill 2
- violates the charter right to freedom of association (section 2(d)) by ending bargaining and the right to strike;
- violates the charter right to freedom of expression (section 2(b)) by prohibiting strike-related communication;
- uses section 33 (the notwithstanding clause) in an overly broad and improper way;
- violates section 28, which protects gender equality, given that more than 75 per cent of Alberta teachers are women; and
- attempts to remove the courts’ core constitutional role under section 96 of the Constitution Act.
“First and foremost, this challenge is about teacher bargaining and the ability of teachers to exercise their constitutionally protected right to go on strike,” said Brown. “This bill, and the invocation of the notwithstanding clause, puts into question the validity of all workers’ bargaining rights if a government can, with the stroke of a pen, dismiss them.”
Current status
The file is now being handled by a case management justice, meaning a single judge oversees all aspects and scheduling of the challenge. The ATA sees this as a positive indication that the matter is a priority and that the process will move forward in a clear and efficient manner. Justice Mah has already approved the litigation plan for the injunction that outlines the necessary steps leading up to the hearing.
The injunction application will be heard in the first week of March 2026. Leading up to the court date, both sides may submit evidence, expert reports and legal briefs, and take part in cross-examinations of affidavits. These steps are typical in constitutional litigation. Once the injunction is heard, the court will then proceed to schedule the full hearing on the constitutional challenge.
Updates will be shared with members as information becomes available.
