Canadian Teachers Urge Against Using Notwithstanding Clause in Labor Disputes
Canadian Teachers' Federation warns against using the notwithstanding clause to override labor rights.
Why it matters: This signals growing constitutional challenges in Canadian public sector labor, important for legal professionals tracking labor law and civil rights.
- On June 2, 2026, CTF and ATA jointly urged the federal government to oppose use of the notwithstanding clause in labor disputes.
- Alberta invoked the clause in October 2025 to end a teachers' strike affecting 740,000 students, banning strikes until August 31, 2028.
- Saskatchewan (Bill 137 in 2023) and Ontario (Bill 28 in 2022) also used the clause to limit education sector strikes.
- The Canadian Civil Liberties Association criticized Alberta's use as an abuse of power overriding Charter rights.
On June 2, 2026, the Canadian Teachers' Federation (CTF) and the Alberta Teachers' Association (ATA) jointly called on the federal government to prevent provinces from using the notwithstanding clause in labor negotiations.
Alberta invoked this provision under Section 33 of the Canadian Charter of Rights and Freedoms in October 2025 to end a three-week teachers' strike impacting over 740,000 students. The government legislated a collective agreement and banned strikes until August 31, 2028.
The notwithstanding clause allows governments to temporarily override certain Charter rights for up to five years, but critics warn its use in labor disputes risks undermining fundamental freedoms. CBA Alberta called the move an abuse of power that curtails constitutional protections.
This tactic is not unique to Alberta. Saskatchewan’s Bill 137 in 2023 and Ontario’s Bill 28 in 2022 similarly invoked the notwithstanding clause to shield education laws from legal challenges and restrict union strike rights.
Jason Schilling, President of the ATA, described such uses as eroding trust and sidelining workers' rights for political convenience. The CTF’s appeal highlights concerns over balancing collective bargaining with constitutional guarantees.
With over 420,000 members represented, these teacher associations emphasize the need for good-faith negotiations without resorting to constitutional overrides. The debate reflects mounting tensions in Canadian public sector labor law and civil rights.
By the numbers:
- 740,000 students impacted — Alberta teachers' strike ended by notwithstanding clause in October 2025
- 5 years — Maximum duration a government can apply the notwithstanding clause
- 420,000 members — Teachers represented by CTF and ATA combined
Yes, but: While the notwithstanding clause permits temporary overrides of Charter rights, its use in labor law remains controversial and legally debated.