Alberta Teachers' Association president Jason Schilling speaks to media in Edmonton on Oct. 6.--CP Photo Amber Bracken
bmiller@medicinehatnews.com
The dispute between Alberta teachers and the provincial government has escalated and Medicine Hat teachers could legally enter strike action again pending a decision from the province’s highest court.
Jason Schilling, head of the Alberta Teachers’ Association, announced Thursday the union has filed an application for injunction asking for a judge to immediately pause the law until a full constitutional challenge is heard.
“In this action, teachers will ask the court to declare that the government’s use of the notwithstanding clause was improper and invalid,” Schilling told reporters. He said the law violates teachers’ rights to freedom of association and expression and, if left unchallenged, sets a dangerous precedent that could be used against other workers and citizens.
“This legal action is not symbolic. It is necessary,” he said. “We are standing up for the Charter itself, for the rule of the law and for the limits that protect citizens from arbitrary government decisions.”
The case is scheduled to be heard Nov. 20 in Edmonton Court of King’s Bench. The ATA is asking the court for an injunction to Bill 2 until the full case can be made before courts.
“When a government uses the notwithstanding clause to take away the rights of one group, no one’s rights are safe,” he said.
The notwithstanding clause allows governments to override certain Charter rights, but it must be renewed every five years.
Premier Danielle Smith’s government used it last week to pass a bill in one night to end a three-week provincewide strike. The premier said the complexity of bargaining, the size of the walkout and the growing toll on students left them with no other option.
Smith’s law not only invoked the notwithstanding clause, it imposed on 51,000 teachers a collective bargaining agreement they previously rejected. It also imposed fines of up to $500 per day, per person for violating a back-to-work order.
It has been condemned as dangerous government overreach by labour groups, civil rights advocates, lawyers’ organizations, Amnesty International and the Anglican Diocese of Edmonton.
It has also ignited debate over how best to balance Charter rights with the responsibility of governments to determine and act on what is best for citizens.
The Alberta Federation of Labour, speaking on behalf of a coalition of unions, initially suggested a general strike was possible, but later said such a response takes time and planning, and would instead conduct a survey to see if such an extreme response had support.
The issue, along with other general discontent, has begun affecting members of Smith’s caucus.
In recent weeks, two citizen-initiated recall petitions have been approved against Education Minister Demetrios Nicolaides, who represents Calgary-Bow, and Airdrie-East member Angela Pitt.
The Nicolaides petition accuses him of failing the public education system, while the citizen organizing the Pitt recall says she has failed to do her job to represent constituents of the riding, located on Calgary’s northern outskirts.
On Wednesday, Ag Minister R.J. Sigurdson, who represents a United Conservative Party stronghold riding of Highwood, took to social media to say he’s been troubled by backlash in his community.
He said his constituency office has been beset with phone calls and emails.
He denounced the “yelling, obscene gestures and rude, even threatening behaviour” that he, his family and his staff have received in relation to using the notwithstanding clause, and called their experience “grossly unfair.”
He wrote they are not just breaches of decorum, “they are deeply concerning and can have a lasting, negative impact on the well-being of the individuals involved.”
“No one should ever have to endure this type of bullying or harassment,” Sigurdson said.
Grant Hunter, associate water minister and MLA for Taber-Warner, said Sigurdson’s experience was “terrible” but not unique.
“I think that every MLA’s office right now is having some struggles with people being angry, and so we just got to get through that,” he said after a Thursday caucus meeting. “I think we just need to keep moving forward.”
UCP backbencher Tany Yao, who represents Fort McMurray-Wood Buffalo, said he and his staff have also been on the receiving end of harassing messages, but didn’t provide details.
“It’s really disappointing and frustrating,” Yao said as he walked out of the meeting. “It’s unfortunate that there seem to be folks out there inciting violence and physical threats, and it’s really unacceptable.”
When asked if he thought the anger would soon dissipate, Yao pointed to the teachers’ union leaders: “Ask the (Alberta Teachers’ Association) executive as to how much they’re going to push it.”
NDP Opposition Leader Naheed Nenshi, when asked about Sigurdson’s comments, said political violence and harassment is never acceptable, but that the UCP has been fanning the flames of division and anger since it took office.
“I’m calling for civility across the board, but I’m also calling for accountability,” Nenshi said.
“If you don’t want people to be mad about you making unconstitutional decisions that hurt them, try not making unconstitutional decisions that hurt them.”
Justice Minister Mickey Amery’s office could not immediately be reached for comment.
— with files from The Canadian Press
