Alberta teachers are back in classrooms, but their union is taking legal action against the provincial government. On Thursday, lawyers for the Alberta Teachers Association (ATA) filed two separate court challenges regarding the province's back-to-work order.

The first challenge seeks an injunction to temporarily halt Bill 2, which mandated that teachers return to work on October 29, effectively ending a three-week province-wide strike. If the court grants the injunction, teachers would regain the legal right to strike. ATA President Jason Schilling stated that the union would consider its next steps if it were allowed to strike again.

The second challenge involves a constitutional dispute over the government's use of the notwithstanding clause, which was necessary for the passage of Bill 2, known as the Back to School Act. Schilling emphasized the seriousness of the situation, saying, "When a government uses the notwithstanding clause to take away the rights of one group, no one’s rights are safe. What began as a dispute over class size and funding has become something far more serious, a question of whether this government believes in the rule of law, or merely the rule of power."

The notwithstanding clause was invoked to strip the union of its collective bargaining rights, which are protected under Section 2 of the Charter of Rights and Freedoms. Bill 2 also imposed a deal that included a 12 percent wage increase over four years and the hiring of 3,000 teachers, an offer that teachers had previously rejected twice. The union argued that the proposed wage increase does not compensate for a decade of stagnant salaries and that more measures are needed to address overcrowded classrooms and the needs of students with complex requirements.

Additionally, the Back to School Act introduced fines of $500 for teachers who miss work without justification and penalties of up to $500,000 for union-led actions such as strikes or work-to-rule campaigns. Schilling remarked, "Teachers are obliged as professionals to defend democratic institutions, so undertaking this challenge is a step we must take. This legal action is not symbolic; it is necessary. We’re standing up for the Charter itself, for the rule of law, for the limits that protect citizens from arbitrary government decisions. Our message to government is simple. You may silence teachers in the legislature with Bill 2, but you cannot silence them in the courts."

If the injunction is granted, Schilling indicated that the union would ensure that the issues of funding and class sizes are addressed. He refrained from using the term "strike" due to the restrictions imposed by Bill 2. Schilling acknowledged the challenges ahead, stating, "We realize this is an uphill battle and that it will cost us," while noting that support has been received from unions across Canada.

Meanwhile, the Common Front, a coalition of Alberta's private and public sector unions representing over 350,000 members, is closely monitoring the situation as it prepares for a potential general strike. Alberta Federation of Labour President Gil McGowan has not set a timeline for any strike action but has warned that the possibility of a province-wide job action involving various sectors, including teachers, healthcare workers, and tradespeople, is very real.

The province has not yet commented on the legal challenges.