Editor:
Democracy farce in Alberta
Teachers are being forced back to work by the UCP government using a Bill 2 in the legislative session.
Premier Danielle Smith did not bother to stay for the whole session and opposition leader Naheed Nenshi, who was present did not speak against it until second reading.
Just to make sure that the legislation cannot be challenged in court, Smith has included the "notwithstanding clause" according to the mover of the motion to accept the bill.
And no media around to even comment on what is going on.
Evening session:
https://www.youtube.com/watch?v=Ry4qfPt0UWk
Nenshi spoke for the whole period of the second reading of Bill 2
9:26pm: A predictable outcome vote will be held in about ten minutes.
No sign of Premier Smith.
Midnight: Third reading of Bill 2 begins.
2am: Vote on third reading coming up after many speeches by opposition MLA on the unconstitutionality of Bill 2.
The outcome is a foregone conclusion.
However, the bill will still need Royal Assent before becoming law.
And if it is deemed to be unconstitutional, it can be declared "Ultra Vires" (acting or done beyond one's legal power or authority) and denied Royal Assent.
It is also quite likely that organized labor in Alberta will rise up against this bill "en masse".
Vote on third reading. Bill passed. Opposition calls "Shame!"
Text of Alberta Bill 2, October 27, 2025
Alberta Bill 2: Back to School Act (October 27, 2025)
Alberta Bill 2, the Back to School Act, was introduced and passed on October 27, 2025, to end a province-wide teachers' strike that began on October 6, 2025. The legislation forces striking teachers back to work and legislates a collective agreement that teachers had previously rejected twice.cbc+3
Key Provisions
Purpose and Application
The Act's stated purpose is to end the strike by employees (teachers) that started on October 6, 2025, and the lockout by the Teachers' Employer Bargaining Association (TEBA) that started on October 9, 2025, by establishing central and local terms of new collective agreements.assembly
Notwithstanding Clause
Bill 2 invokes Section 33 of the Canadian Charter of Rights and Freedoms (the notwithstanding clause), as well as provisions in the Alberta Bill of Rights and Alberta Human Rights Act. This means the legislation operates despite protections for fundamental freedoms, legal rights, and equality rights in these documents.edmontonjournal+3
Legislated Collective Agreement
The Act establishes a collective agreement between each employer and the Alberta Teachers' Association (ATA) with the following terms:assembly
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Duration: September 1, 2024, to August 31, 2028
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Salary increases: 3% annual increases over four years (12% total)
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Market adjustments: Up to 17% for approximately 95% of teachers
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Hiring commitments: 3,000 new teachers and 1,500 educational assistants over the agreement period
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Unified salary grid: Most school divisions will adopt the Grande Prairie School Division salary grid starting September 1, 2026 (with specific exceptions for northern divisions)
Strike and Lockout Prohibitions
The legislation immediately requires:assembly
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All employers to terminate lockouts and make every reasonable effort to resume operations
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The ATA to terminate the strike
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All employees to terminate the strike and resume duties without delay
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Prohibition on future strikes or lockouts during the agreement period
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Suspension of local bargaining until 2028 to prevent further disruptions at the local level
Penalties
Bill 2 establishes financial penalties for non-compliance:edmontonjournal+3
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Individuals: Up to $500 per day for violating back-to-work orders
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Organizations: Up to $500,000 per day for the union or other entities
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Each day of continued contravention constitutes a separate offense
Additional Terms
The legislated agreement includes numerous provisions covering:assembly
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Substitute teacher compensation (full-day rate of $271 effective September 1, 2025)
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Northern allowances ($6,300/year for work sites north of the 57th parallel; $3,000/year for sites between 55th and 57th parallels)
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Grievance procedures
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Anti-discrimination provisions
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Discipline and association representation rights
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Occupational health and safety commitments
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Information sharing requirements between employers and the ATA
Labour Relations Board Powers
The Alberta Labour Relations Board has authority to determine whether contraventions have occurred and can make orders to enforce compliance. Decisions are final and binding on all parties.assembly
Legal Protections
The Act includes extensive provisions protecting the Crown and government officials from legal challenges, explicitly preventing causes of action, court proceedings, or claims for compensation related to the legislation. This includes blocking Charter challenges under Section 24(1) and constitutional challenges under Section 52(1) of the Constitution Act, 1982.assembly
Repeal
The Act automatically repeals on August 31, 2028, or earlier by Proclamation.assembly
Context and Controversy
Premier Danielle Smith stated the legislation was necessary because students had been out of school for three weeks and negotiations had reached an impasse after 18 months of bargaining. The government's position is that the agreement is "fair and reasonable" and addresses teacher compensation while committing to hire additional staff.instagram+2youtube
However, the legislation proved highly controversial. ATA President Jason Schilling called it "a sad day for teachers" and "a sad day for Albertans," stating the government was "willing to trample on your Charter rights". The Alberta Federation of Labour president Gil McGowan said the UCP had "declared war" on the labour movement and warned of potential solidarity actions involving up to 400,000 workers.calgaryherald+2
Teachers' primary concerns about class sizes and classroom complexity—key issues driving the strike—were not directly addressed in the legislated agreement, though the government announced task forces to study these issues and committed to collecting and publicly reporting data on class size and composition.cbc+2
The legislation passed through all three readings in one evening using procedural mechanisms to limit debate, with the United Conservative Party's 47-seat majority in the 87-seat legislature ensuring passage.edmontonjournal+1
- https://www.cbc.ca/news/canada/edmonton/alberta-teachers-back-to-work-bill-9.6955558
- https://edmontonjournal.com/news/local-news/unions-react-to-bill-2
- https://calgaryherald.com/news/politics/dark-day-education-alberta-teachers-parents-province-legislation-bill-2
- https://edmontonjournal.com/news/politics/alberta-teachers-strike-back-to-work-legislation
- https://docs.assembly.ab.ca/LADDAR_files/docs/bills/bill/legislature_31/session_2/20251023_bill-002.pdf
- https://www.cbc.ca/news/canada/edmonton/alberta-notwithstanding-clause-teacher-strike-9.6955608
- https://www.instagram.com/reel/DQVQ0tFirLi/
- https://www.youtube.com/watch?v=548PJKHK78Q
- https://afl.org/press-release-danielle-smiths-bill-2-is-a-war-on-workers/
- https://docs.assembly.ab.ca/LADDAR_files/docs/houserecords/op/legislature_31/session_2/20251027_1200_01_op.pdf
- https://docs.assembly.ab.ca/LADDAR_files/docs/houserecords/op/legislature_31/session_2/20251023_1200_01_op.pdf
- https://www.youtube.com/watch?v=JAvA_mwuToc
- https://www.eips.ca/labour-updates/recent-labour-updates/post/bill-2-back-to-school-act
- https://teachers.ab.ca/news/bill-2-back-school-act
- https://www.instagram.com/reel/DQVYKwDj6Ar/
- https://www.facebook.com/ABteachers/posts/today-the-government-of-alberta-will-introduce-bill-2-legislation-that-will-mand/1224290796403395/
- https://www.youtube.com/watch?v=AIZ_l6sfcjE
- https://www.assembly.ab.ca/assembly-business/bills/bills-by-legislature
- https://www.facebook.com/groups/1610254282429200/posts/24914281081599858/
- https://globalnews.ca/news/11497188/alberta-back-to-work-legislation-dispute/
- https://www.reddit.com/r/alberta/comments/1ohuzpt/bill_2_back_to_school_act_october_27_2025/
- https://lakelandconnect.net/2025/10/27/bill-2-could-end-alberta-teachers-strike-and-send-students-back-to-class-by-wednesday/
- https://open.alberta.ca/publications/e00p3
- https://legiscan.com/CA/text/AB2/id/3201527
- https://www.asba.ab.ca/uploads/files/Documents/Education%20Act.pdf
- https://legiscan.com/CA/bill/AB2/2025
- https://docs.assembly.ab.ca/LADDAR_files/docs/houserecords/gm/legislature_31/session_2/20251023_1200_01_gm.pdf
- https://www.facebook.com/groups/436248180001/posts/10172948277955002/
- https://www.assembly.ab.ca
- https://fastdemocracy.com/bill-search/ca/2025-2026/bills/CAB00033380/

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