Your Rights and Bill 2

Bill 2, the Back to School Act, invoked the notwithstanding clause (section 33 of the Canadian Charter of Rights and Freedoms). This has caused understandable concern among Alberta Teachers’ Association members, who worry that their basic rights and freedoms—speech, expression, association and equality protections—have been suspended.

They have not.

Bill 2’s override affects Charter rights only to the extent necessary to achieve the explicit purpose of the act: To end the strike . . . and lockout . . . by establishing the central terms and local terms of new collective agreements. (Bill 2, section 2)

In legal terms, this is the four corners of the issue or dispute. In the context of Bill 2, the four corners means that the override is limited to the context of employment, labour relations and collective bargaining. It does not apply to a teacher’s personal life, private activity, political opinion or civic engagement.

Members remain protected by the Charter in all areas not directly tied to job duties or the prohibition on strike activity. In other words, the notwithstanding clause does not give the government blanket authority over your political expression, your personal beliefs or your private life.

However—and this is where precision matters—Bill 2 also includes broad definitions of the terms strike, work stoppage and refusal to perform duties. These definitions continue to apply, and members must avoid any concerted action that could be interpreted as putting pressure on the employer in order to influence working conditions.

What You Can Still Do
Attend Rallies, Marches and Demonstrations (on Personal Time)
You may participate in peaceful political demonstrations as a private citizen, including events related to education funding, public services or government decisions.

Wear Red for Ed, Buttons, Ribbons or Other Symbolic Expressions
Wearing symbolic items is protected personal expression, unless it disrupts instruction or violates an employer policy unrelated to labour action.

Speak, Write or Post About Public Education
You may continue to
• write to your member of the legislative assembly (MLA),
• submit an op-ed or a letter to the editor,
• post on social media,
• advocate publicly for strong public education, and
• express opposition to Bill 2 or government decisions.
Be mindful that you perform these actions only on your personal time, without directing students to join political activity and without coordinating a work stoppage.

Participate in Association Governance and Internal Discussion
The act does not stop Association members from participating in local meetings, voting, engaging in union democracy or discussing strategy.

Support Legal Challenges, Donate to Advocacy Groups or Join Community Organizations
Your rights to association and political involvement in your private life continue to operate normally in all areas not captured by the purpose of the act.

Engage in Personal Acts of Solidarity
You may continue to wear red, put signs in windows, attend town halls, write letters, speak publicly and organize public information campaigns, provided that these actions do not create or appear to create a coordinated refusal to perform work.

WORTH SHARING
Teachers have every right to continue advocating for strong public education in their personal lives. Bill 2’s use of the notwithstanding clause does not suspend your freedom of expression, your right to attend rallies or your ability to speak out as a citizen.
You can still
• attend rallies and other community events on personal time,
• wear Red for Ed,
• write to your MLA,
• speak publicly about Bill 2 and public education,
• post on social media, and
• participate fully in Association democracy.

What you cannot do is engage in any coordinated action that withdraws or limits your work. Bill 2 prohibits strikes, slowdowns and any collective refusal of duties, even symbolically. Your personal political expression remains protected, but your professional duties must continue as assigned.

​If you are unsure whether an action is safe or crosses into illegal strike activity, call Teacher Employment Services at 780-447-9400 or 1-800-232-7208 for advice.
Read the full Worth Knowing. #WeAreATA