Students react to the use of the notwithstanding clause

On October 30, the University of Alberta’s Education Students’ Association (ESA) released a statement regarding the Government of Alberta’s use of the notwithstanding clause to order teachers back to work after a three week strike.

About 51,000 teachers across Alberta went on strike on October 6. The strike ended with the United Conservative Party (UCP) bringing forward a Bill 2 that ordered teachers back to work. The bill also used the notwithstanding clause to impose a four-year agreement and prevent teachers from any job action.

Teachers who continue to strike or take any other form of job action can be fined $500 per day of job action. Their union can be fined up to $500,000 per day of job action.

The ESA’s statement said that “we are writing this letter to express our outrage at the conduct of this government and their appalling treatment of teachers and students.”

“It is unacceptable that the richest province in the country continues to boast the lowest per-student funding. Additionally, this unprecedented use of the notwithstanding clause is not just an attack on teachers but an attack on the rights of all workers and marginalized communities in Alberta.”

The statement also noted that “an imposed deal is not a collective agreement. It is not ‘negotiating in good faith.’ This legislation is an affront to the Charter of Rights and Freedoms, and it does nothing to address the unacceptable state of our education system.”

As of 11:30 a.m. on October 30, 21 other student associations or groups had signed on to the letter. ESA encouraged other groups who wished to sign on to contact the ESA president.

Canadian Association of University Teachers reacts

The Canadian Association of University Teachers (CAUT) also released a statement condemning the use of the notwithstanding clause. The Association of Academic Staff at the U of A (AASUA) is a member of CAUT.

CAUT “condemns the Alberta government for overriding constitutionally protected rights and imposing a rejected contract offer on members of the Alberta Teachers’ Association.”

“The Alberta government’s actions are reprehensible, heavy-handed and undemocratic,” CAUT executive director David Robinson said.

He also said that the government had other options to resolve the dispute.

“CAUT joins with our colleagues in the Alberta Teachers’ Association and in the broader labour movement in condemning this reckless abuse of power. We stand ready to join and support whatever actions are needed to overturn this undemocratic and dangerous legislation,” Robinson said.

The U of A Students’ Union (UASU) provided comment to The Gateway over email. The statement said “the strike and the use of the notwithstanding clause has affected many of our members in different, but deeply personal ways.”

The UASU said its vice-president (academic) has advocated for students who have experienced delays in their practicum placements. According to the statement, the General Faculties Council Executive Committee approved amended deadlines for the over 400 affected students.

If you’re a U of A student who has thoughts on the use of the notwithstanding clause, send an email to [email protected].

UPDATE: This article was updated at 3:16 p.m. to include the UASU’s comment.