Case Management and Next Steps in the Association’s Challenge to Bill 2

Overview
On Friday, November 21, 2025, the Association took an important step forward in teachers’ legal challenge to Bill 2, the Back to School Act. During the first case management meeting, held that morning, the Court of King’s Bench (Court), through Justice Mah, formally approved the full litigation plan for the Association’s injunction application.

This plan establishes every step leading up to the hearing and confirms that the case is now firmly scheduled. Members should be assured that the challenge is progressing on an expedited and structured timeline.

What Case Management Is (and Why It Matters)
Case management is a process used by the Court for large, urgent or complex matters, especially those involving constitutional issues and expert evidence. A single judge, called the Case Management Justice, is assigned to oversee the entire file.
Case management ensures
• faster progress than normal court processes,
• clear scheduling of all steps and deadlines,
• immediate resolution of disputes or delays,
• efficient preparation of expert evidence and legal briefs and
• consistency, because the same judge hears all preliminary matters.

Think of case management as the court’s version of a highly skilled, dedicated project manager but at the highest level, and one that is only assigned by the Associate Chief Justice under exceptional circumstances.

This approach is often used when a case involves constitutional issues, urgent timelines or is of significant public interest, precisely the situation with the Association’s challenge to Bill 2. p 2 For members, the key point is this: case management accelerates the process and ensures Bill 2 is tested in court as quickly and thoroughly as possible. The Court’s decision to place this case under case management reflects the seriousness and national importance of the issues raised.

The Updated Hearing Timeline
With the litigation plan now approved, the Court confirmed the following:

Injunction Hearing
• The injunction application will be heard over two days in the week of March 2–6, 2026.
• The trial coordinator will confirm the exact dates early next week.

This will be the first major hearing in the case and will determine whether Bill 2 is paused while the larger constitutional challenge proceeds.

Steps Between Now and March
Between now and the hearing, both sides will complete a series of required steps, including
• filing evidence and affidavits,
• submitting expert reports,
• conducting cross-examinations on those affidavits and
• filing written legal briefs.

These steps are standard for constitutional litigation and are essential to presenting the strongest possible case on behalf of Alberta teachers.

After the Injunction
Once the injunction application has been heard, the Court will proceed to set dates for the full hearing on the constitutionality of Bill 2, with the goal of holding that hearing as early as possible in 2026.

WORTH SHARING
The Association reached an important milestone today. The Court of King’s Bench has now approved the full litigation plan for our injunction application, and the hearing will take place over two days in the week of March 2–6, 2026. Case management, where a single judge oversees the entire file, ensures the case moves quickly, efficiently and with clear deadlines. Between now and March, both sides will exchange evidence, expert reports and legal briefs as part of preparing a strong challenge to Bill 2. Media attention is expected to grow, and the Association will continue to update members as key dates are confirmed.
Read the full Worth Knowing. Questions? Contact Teacher Employment Services at 1-800-232-7208. #WeAreATA