The Alberta Teachers’ Association (ATA): A Conserative Organization with an Inadequate Response to the United Conservative Party’s Draconian Measures of Back-to-Work Legislation and the Use of the the Notwithstanding Clause of the Canadian Charter of Rights and Freedoms

Introduction

The recent strike by Alberta teachers highlights the conservative nature of some teachers’ organizations (see my post Manitoba Teachers’ Society and Its Social-Democratic or Reformist Ideologyfor a similar characterization of another teachers’ organization, the Manitoba Teachers’ Society).

The Alberta teachers’ strike was over wages and working conditions, including class size, the increasing complexity of learners’ needs and the lack of classroom support. 

The provincial Smith government (the United Conservative Party, or UCP) legislated the teachers back to work (Bill 2 – Back to School Act (Alberta)) and used the notwithstanding clause of the Canadian Charter of Rights and Freedoms to override certain Charter rights for up to five years, thereby limiting successful legal challenges during that period. 

The ATA’s Half-Hearted Response to a Threat to Unions

What was the response by the ATA? Its words condemned the legislation and the use of the notwithstanding clause: 

October 28, 2025

The Alberta government’s move to force teachers back to work … is a reckless and historic abuse of power. … This legislation is a gross violation of the foundational principles  of collective bargaining and the ability of workers to organize and bargain collectively.  Rights are indivisible. An attack on teachers’ right to free association is an attack on all workers and sets a precedent for this government to trample on other fundamental freedoms and individual rights.

Given that the Smith government has indeed attacked teachers’ right to free association doubly, first through back-to-work legislation and second through relying on the notwithstanding clause to limit legal challenges, surely complying with the legislation would indeed “set a precedent for this government to trample on other fundamental freedoms and individual rights.” 

You would think that with the stakes being so high, the ATA would fight tooth-and-nail against the Smith government. 

However, in terms of its actions, the ATA refused to support defiance of the legislation in practice and seeks only legal methods of addressing the issues–with the legal use of the notwithstanding clause actually preventing any real legal challenge for years to come–so mere rhetoric on the part of the ATA: 

Teachers will comply with the law, but make no mistake—compliance is not consent. The Association will fight this abuse of power with every tool the law provides and every ounce of conviction we possess. — ATA president Jason Schilling

The ATA has explicitly refused to support any action that goes beyond legal means: 

Will the Association support a continuation of strike action and/or work-to-rule by Alberta Teachers? … In the absence of a legal strike mandate … the Association cannot authorize or support a work-to-rule. — ATA.

The ATA’s conservative response contrasts with the militant response of the Canadian Union of Public Employees (CUPE) and the education support workers in Ontario in 2022, when they went out on strike, were legislated back to work and, in addition, despite Conservative government of Doug Ford using the notwithstanding clause, refused to return to work, with the support of CUPE (being militant, of course, does not mean that CUPE fundamentally challenges the economic and political system characteristic of a society dominated by the class power of employers  –see for example https://theabolitionary.ca/2021/01/29/fair-contracts-or-collective-agreements-the-ideological-rhetoric-of-canadian-unions-part-one/ or   https://theabolitionary.ca/2025/06/20/fair-wages-another-example-of-the-ideological-rhetoric-of-canadian-unions-part-three-the-canadian-union-of-public-employees-cupe/). 

Despite the lack of a critical stance in relation to the class power of employers, CUPE’s actions and political position remain far superior to the conservative nature of the ATA’s response.

Like CUPE and other unions (see for example  Fair Wages: Another Example of the Ideological Rhetoric of Canadian Unions, Part Three: The Canadian Union of Public Employees (CUPE)  or  Fair Wages: Another Example of the Ideological Rhetoric of Canadian Unions, Part Two: Unifor), the ATA also uses typical union cliches, such as “fair wages” or a “fair deal”. 

Examples of the ATA’s Use of Union Cliches

Here are a few examples of ATA’s use of such cliches (bolded words for emphasis are generally mine): 

  1. From October 6, 2025 ( https://truenorthwire.com/2025/10/alberta-teachers-launch-historic-strike-with-few-clear-demands/): 

Alberta Teachers’ Association president Jason Schilling concluded a Monday press conference without providing specific numbers on what would end the provincewide teachers’ strike. Instead, he repeated broad themes of “chronic underfunding,” “complex classrooms” and “fair pay.”

“This strike is not just about wages,” said Schilling. “This strike is about the state of public education in Alberta. The government says they don’t know what teachers want. Well, yesterday, tens of thousands of Albertans across this province shared once again what teachers want — teacher-student ratios, support for complex classrooms and fair pay.

What does Schilling mean by “fair pay?” Given that workers, whether in the private sector or in the public sector, are used as means for purposes defined by others–a minority called employers–how can any pay be “fair” (see The Money Circuit of Capital). 

2. From September 23, 2025 (https://teachers.ab.ca/news/ata-serves-strike-notice-parties-continue-meet): 

By  Kim Clement
ATA News Staff

After years of underfunding, stalled wages and crowded classrooms, Alberta teachers are ready to act if necessary.

On September 10, the Alberta Teachers’ Association (ATA) announced it would serve official strike notice, with job action set to begin on October 6, 2025, if a negotiated settlement is not reached.

This announcement followed a meeting of the Provincial Executive Council (PEC), held on September 9, who have been hearing a clear message from the field: teachers are frustrated, united and determined to stand together for a fair deal.

The reference to a “fair deal” without explanation of how such a fair deal can be possible when employers hold economic power over workers remains a mystery to me. Perhaps the ATA can explain what it means by a fair deal? I would like to see such an explanation, but unfortunately I have not been able to find any. Perhaps, in this mysteriously invisible explanation the ATA could also include an explanation of how any collective agreement could result in a “fair deal” given management rights?

From the collective agreement between the Parkland School Division and the Alberta Teachers’ Association, September 1, 2020 to August 31, 2024, page 3: 

WHEREAS the parties recognize that basic to the proper management and administration of a school system is the School Division’s function and responsibility to formulate and adopt policy and regulations;

This short clause concentrates major decision-making power in “management and administration” and, by implication, limits the collective agreement to only clauses specified in that agreement. It permits management and administration to determine who is to be hired, fired, evaluate and so forth, subject to the limitations of the collective agreement. The collective agreement modifies the power of management and administration without, however, challenging its dictatorial power. 

So, what is a “fair deal?” ATA never really gets down to discussing what it means by a “fair deal.”

 3. From September 2, 2025  (https://teachers.ab.ca/news/public-education-risk-due-bargaining-impasse-ata-warns): 

Public education at risk due to bargaining impasse, ATA warns

Without fair wages and improved conditions for teachers and students, Alberta risks driving away its most valuable educational resource: its teachers, says Alberta Teachers’ Association (ATA) president Jason Schilling. …

“The government needs to do the right thing and pay teachers fairly for the work they do with the children who will be responsible for Alberta’s future,” Schilling said.

4. From August 29, 2025 (https://teachers.ab.ca/news/public-education-risk-due-bargaining-impasse): 

Without fair wages and improved conditions for teachers and students, Alberta risks driving away its most valuable educational resource: its teachers.

Talks have broken down between the Alberta Teachers’ Association (ATA) and the Teachers’ Employer Bargaining Association (TEBA). Teachers have been firm and unequivocal in saying that the government’s latest offer does not recognize the important work teachers do in our public education system, especially when teachers have been disrespected and undervalued for years.

It’s getting harder to keep teachers in the profession and to attract new people to an increasingly challenging job. Teacher pay has fallen far behind inflation and cost of living. Over the last decade, teacher wages have increased by a total of just 5.75 per cent. With fair wages, we can hire more teachers — and keep the ones we have — but we need the provincial government to step up.

“The government needs to do the right thing and pay teachers fairly for the work they do with the children who will be responsible for Alberta’s future.” 
—ATA president Jason Schilling

Teachers are not just seeking fair compensation, they’re seeking alignment between words and actions. If the government believes teachers are vital, as the premier recently stated, it’s time to reflect that in all aspects of teachers’ jobs.

The government offered teachers a deal that included the hiring of 1,000 new teachers per year, over the next three years. This was a positive move forward but addressed only part of the proposal that the ATA tabled in June. More still needs to be done to attract and retain teachers to fill these added positions.

“Teachers are the pillars of our public education system. It’s time for the government to step up with a fair deal for teachers, because a fair deal for teachers is a good deal for kids.”
—ATA president Jason Schilling

The Alberta Teachers’ Association, as the professional organization of teachers, promotes and advances public education, supports teachers’ professional practice and serves as the advocate for its 51,000 members.

The above quotes show that the ATA uses similar cliches to other union organizations. 

This does not mean that teachers may not become militant. The West Virginia strike in 2018 expresses teacher militancy–but the extent of such militancy should also not be exaggerated, as for example David Camfield, a labour studies professor at the University of Manitoba, has done (see  The 2018 West-Virginia Teachers’ Strike and a Socialist Movement). 

Other Alberta and Canadian Union Organizations’ Position Concerning the Back-to-Work Legislation and the Use of the Alberta Conservative Government’s Notwithstanding Clause

Other Alberta and Canadian union organizations’ position towards the legislation and the use of the notwithstanding clause of the Canadian Charter of Rights and Freedoms may or may not be isimilar to the ATA’s position: condemnation in words, but apart from that no real action or organization against this threat to the union movement. 

The Alberta Federation of Labour (AFL) has threatened a general strike. From October 27, 2025 (https://afl.org/press-release-danielle-smiths-bill-2-is-a-war-on-workers/?utm_source=chatgpt.com): 

PRESS RELEASE: Danielle Smith’s Bill 2 is a “war on workers”

AFL president says the UCP deliberately chose the “nuclear option” when they could have pursued other avenues

EDMONTON – “The UCP government’s unprecedented attack on teachers and worker rights will be met with an unprecedented response from Alberta unions,” says Gil McGowan, President of the Alberta Federation of Labour, the province’s larger worker group.

McGowan says that Alberta unions understand they have an obligation to stand up for workers and democracy – and they won’t shirk that obligation.

“The Smith government had other options,” said McGowan. “They could have ended the strike and sent the parties to mediation. They could have ended the strike and sent the dispute to binding arbitration. Instead, they deliberately chose the nuclear option. They’ve launched a war on workers and democracy. We have no intention of letting them get away with it.”

McGowan added, “This started as a dispute between teachers and the government. But now they’ve chosen to make this a confrontation between the UCP government and the entire Alberta labour movement. We won’t abandon the teachers to deal with these bullies alone. And we won’t allow them to continue, unopposed, with their anti-democratic and anti-worker agenda.”

As the teachers consider their response to the back-to-work bill, McGowan said that the UCP presents itself as the law-and-order party but is really the law-breaking party.

“The Charter of Rights and Freedoms is the highest law in the land, and they’re choosing to thumb their noses at it” he said. “They are in no position to lecture us about actions that might potentially breaking the law.”

McGowan says the leaders of all of Alberta unions, united under the banner of the Common Front, will meet tomorrow – for the third time in the past four days – to hammer out a strategy for responding to Bill 2. That strategy will be unveiled at a news conference on Wednesday.

“Make no mistake, the UCP has just launched a war against workers. It’s not a war we wanted, but it’s one we must win. In the middle of an historic affordability crisis, we can’t let them get away with neutering unions and undermining worker bargaining power. Bill 2 would set a precedent that implicates all working Albertans and their ability to earn wages that allow them to live with dignity.”

The problem with the above is its idealization of law–as if the law in general is a social form which reinforces the systematic exploitation and oppression of workers (see the page on the money circuit of capital with the link above).

Of course, to call for an immediate general strike without preparation would likely lead to failure since a lack of an organized general strike could much more easily be defeated by the Alberta government. 

In any case, two days later the AFL has initated a strategy that may involve a general strike–but most of it involves limited efforts that are probably far fom sufficient to fight against the UCP government. 

I asked artificial intelligence (ChatGPT) to outline the AFL’s strategy in point form. Its response: 

Here’s a point-form summary of the Alberta Federation of Labour’s (AFL) strategy following the passage of Alberta’s Bill 2 – Back to School Act (October 2025).
It combines details from the AFL’s own statements (Oct 27 & 29 2025) and corroborating coverage from Global News and Edmonton Journal.


🧭 AFL Strategy Summary — in point form

1️⃣ Framing the struggle

  • The AFL describes Bill 2 as “a war on workers and democracy.”

  • Positions the conflict as bigger than teachers, affecting all unionized and non-unionized workers in Alberta.

  • Emphasizes that the UCP’s use of the notwithstanding clause is an attack on Charter-protected rights (freedom of association and collective bargaining).


2️⃣ Mobilization and unity

  • All major Alberta unions joined under the Common Front banner.

  • Held three emergency meetings within four days after the bill passed to coordinate a united response.

  • Pledged that teachers will not be left to fight alone; other sectors (health, public, private, energy) will coordinate actions.


3️⃣ Immediate and short-term actions

  • Mass information campaign to educate union members and the public about the implications of Bill 2.

  • Membership survey across unions to gauge readiness for escalating job action or a general strike.

  • Solidarity rallies and demonstrations planned for Edmonton, Calgary, Red Deer, and Lethbridge.

  • Begin building a “strike fund / war-chest” for sustained resistance.

  • Legal support for ATA’s constitutional challenge to Bill 2.


4️⃣ Medium-term measures

  • Political campaign to recall or electorally defeat UCP MLAs who supported Bill 2.

  • Encourage local-level activism (e.g., job-site meetings, cross-union town halls).

  • “Ready to Resist” campaign — online mobilization platform to sign up supporters and coordinate actions.

  • Launch of targeted public-relations campaign linking labour rights to democratic rights.


5️⃣ Potential escalation

  • Begin organizing logistics for a general strike, though no date or commitment yet.

    • AFL clarified: this would occur only after membership votes and extensive preparation.

  • AFL President Gil McGowan said:

    “Make no mistake, the UCP has just launched a war against workers. It’s not a war we wanted, but it’s one we must win.”

  • AFL’s internal memo (reported by Global News, Nov 2 2025) describes three possible escalation stages:

    1. Awareness and solidarity actions

    2. Targeted job actions

    3. Full general strike (as last resort)


6️⃣ Long-term goals

  • Reinforce a permanent cross-union coalition (Common Front) capable of responding quickly to future government attacks.

  • Push for labour-law reforms restoring full bargaining rights and limiting use of Section 33.

  • Broaden the public understanding of labour rights as democratic rights.

The focus is not on organizing for a general strike but to take measures that support a legal challenge to the UCP’s actions. 

Conclusion

The ATA is a conservative organization that, when faced with the draconian measures of the UCP government, backed down and was at a loss to challenge effectively those measures. The AFL, similarly, made symbolic gestures towards a general strike, but it is unlikely that anything concrete will come of it since the AFL’s focus seems limited in the face of the real threat at the UCP’s setting a precedent for other governments to use the notwithstanding clause to eliminate practically the legal right for union members to strike. 

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