The notwithstanding clause and the Alberta teachers’ strike

Shaun Newman podcast: Guests Caylan Ford, founder of the Alberta Classical Academy, and law professor Bruce Pardy discuss the implications of the notwithstanding clause in Canadian law, with particular context to the recent teacher strikes in Alberta. Prof. Pardy argues the Alberta government is justified in using the clause—a legitimate part of the Canadian Charter that allows legislatures to assert their authority over judicial decisions. He believes that courts have overstepped their bounds and that governments should frequently utilize this clause to maintain legislative supremacy. Ford agrees but expresses concern about the emotional distress among teachers, who feel their rights are being undermined. The discussion highlights the tension between judicial and legislative powers, with both speakers advocating for a more robust use of the notwithstanding clause to protect democratic governance. They also critique the Supreme Court’s role in interpreting the Charter, particularly regarding the right to strike, which was only recognized in 2015. Judicial activism, they say, has led to the current situation where the government feels compelled to invoke the notwithstanding clause, underscoring the need for a balance of power between the legislature and judiciary, as well as reforms that prioritize legislative authority and accountability to the electorate.