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BANFF, Alberta, June 02, 2026 (GLOBE NEWSWIRE) — Teacher organization presidents from across Canada, representing more than 420,000 educators, met in Banff, Alberta, on June 1, 2026, to discuss the potential use of the Notwithstanding Clause (Section 33 of the Canadian Charter of Rights and Freedoms) by provincial/territorial governments for issues it was never intended for, as it has been in Alberta.
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The presidents affirmed their shared commitment to the democratic rights of teachers and all workers and stand united in their condemnation of the use of the Notwithstanding Clause as a tool to override constitutionally protected rights to freedom of association, collective bargaining, and strike action.
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A Growing Pattern of Overreach
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The Notwithstanding Clause was designed as a safeguard to be invoked only in exceptional and demonstrably justified circumstances. It was never intended to be a routine tool for governments to bypass the courts and silence workers amid legitimate labour disputes.
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In the past five years, the Notwithstanding Clause has been used more frequently to deny human and democratic rights than at any other time in our lifetimes. Recently, Premiers in Alberta, Saskatchewan, Ontario, and Quebec have invoked the Notwithstanding Clause in the following legislation:
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- Bill 2, “Back to School Act” in Alberta, 2025
- Bill 9, “Protecting Alberta’s Children Statutes Amendment Act” in Alberta, 2025
- Bill 137, “Parents’ Bill of Rights” in Saskatchewan, 2023
- Bill 28, “Keeping Students in Class Act” in Ontario, 2022
- Bill 307, “Protecting Elections and Defending Democracy Act” in Ontario, 2021
- Bill 96, “An Act respecting French, the official and common language of Québec” in Quebec, 2022
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When governments invoke the Notwithstanding Clause to end labour disputes, they are not simply legislating. They are telling workers that their rights are conditional and that the Charter protections all Canadians depend upon can be switched off when it is politically convenient to do so. This is a threat not only to teachers, but to every worker and every citizen in this country.
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Our Collective Position
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The undersigned presidents, representing teachers and education workers in every province and territory across Canada, collectively and unequivocally declare:
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- The use of the Notwithstanding Clause during labour negotiations is an abuse of legislative power. Governments must engage in good-faith collective bargaining, not weaponize the Constitution to silence workers.
- Teachers’ rights to freedom of association, collective bargaining, and the right to strike are constitutionally protected and must remain so. No government should be able to pre-emptively nullify these rights and block the courts from providing recourse.
- The Notwithstanding Clause must only ever be used as a last resort, after judicial review has been permitted. Its pre-emptive use to shield legislation from Charter challenges is a subversion of the democratic rule of law.
- The implications of this trend extend far beyond education, threatening every worker and citizen in this country. What is happening to teachers today can happen to any worker, in any sector, tomorrow. This is a national issue requiring a national response.
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