Alberta to use Notwithstanding Clause to send teachers back to classrooms

Edmonton, Oct. 27, 2025 — Alberta teachers are being ordered back to work after the Government of Alberta introduced emergency legislation invoking the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms to end the largest teachers’ strike in Alberta’s history.

Under the legislation, striking teachers—numbering approximately 51,000—will be required to return to classrooms as early as Wednesday. The bill also enforces a previously rejected collective bargaining deal: a 12 per cent wage increase over four years, along with commitments to hire 3,000 additional teachers and 1,500 educational assistants.

Danielle Smith, Premier of Alberta, defended the extraordinary step, calling the strike “very unique” and saying the province’s more than 740,000 students cannot be left out of class any longer.

“This strike has gone on long enough. It’s clear there’s no path forward unless we act. The Back to School Act refocuses everyone on what matters most, the education of Alberta’s students. Bill 2 puts students back at the centre of our system, while we continue to work with teachers and families to build lasting stability in Alberta’s schools.”

Smith added that while this tool is being used for this situation, it should not become routine for labour disputes.

In response, the ATA and its supporters denounced the move. They argued that the use of the notwithstanding clause undermines constitutionally-protected rights of assembly and collective bargaining. A coalition of 30 unions representing 350,000 Alberta workers warned of an “unprecedented response” if this becomes a precedent.

The government has also prepared significant fines for non-compliance: up to $500 a day per individual and $500,000 a day for the union.

Analysts say that while Alberta has used strong labour-legislation measures before, invoking the notwithstanding clause for a teachers’ strike marks a dramatic escalation, with potential ripple effects across labour relations in the province.