In response to the Government of Alberta’s use of the notwithstanding clause in the province’s legislation ordering striking teachers back to work, Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section, said:
“Alberta’s use of the notwithstanding clause continues an alarming trend of provincial governments putting political expediency ahead of people’s human rights. We urge the Alberta government to turn the tide by removing the notwithstanding clause from its education bill and commit to only advancing legislation that complies with the Charter and upholds Albertans’ human rights.”
In the early hours of Tuesday, Alberta’s provincial parliament passed Bill 2, a law that unilaterally imposed new contracts on 51,000 striking teachers in the province and ordered them back to work. The inclusion of the notwithstanding clause in Bill 2 means that the courts won’t be able to strike down the law even if it is found to unjustifiably violate the Canadian Charter of Rights and Freedoms.
The Supreme Court of Canada has affirmed that the right to strike is protected by the Charter and under international law.
“By targeting teachers, the Government of Alberta is attempting to silence workers exercising their rights to peaceful assembly, freedom of expression, freedom of association, and the right to strike,” Nivyabandi said. “An attack on their rights is an attack on us all.”
In this case, the province’s anti-strike legislation disproportionately harms the rights of women workers. According to the Alberta Teachers’ Association, approximately two thirds of Alberta’s teachers are women.
“We stand in solidarity with the teachers of Alberta and support your right to strike,” Nivyabandi said. “By organizing to improve your working conditions, you have set an example for the rest of Canada, reminding everyone that they have the power – and the right – to do the same.”
