Court decision expected on injunction challenge to Alberta teachers’ back-to-work law

A judge in Edmonton is expected to rule Friday on whether to grant an injunction against an Alberta law that forced striking teachers back to work last fall.

The request comes from the Alberta Teachers’ Association, which argues the province’s legislation ending the strike should be temporarily halted while the courts review its constitutionality. The issue was argued during a two-day hearing earlier this month.

Association president Jason Schilling has said that if the court grants the injunction, the union would be in a legal position to resume strike action. He added that any decision to strike would ultimately rest with teachers through a vote of the union’s membership.

Premier Danielle Smith’s government ended the teachers’ strike last year through legislation that also invoked the Charter’s notwithstanding clause. The clause allows governments to override certain Charter rights for a limited period.

Lawyers representing the teachers’ union told the court the province did not properly invoke the clause and used it in a way that overrides rights beyond what is permitted under the Constitution