Rights Potentially Impacted by Bill 2

What does the Notwithstanding Clause actually do?

  • The Notwithstanding Clause allows governments to override Charter rights in Sections 2 to 15. This power lets them bypass key constitutional safeguards, raising questions about the balance between government power and Charter protections.
  • The Alberta Teachers’ Association condemned the use of the Notwithstanding Clause to end the teachers’ strike, calling it an unprecedented exercise of government power and a signal of a possible shift in executive authority.
  • Intended as a rare “safety valve,” frequent or pre-emptive use can upset the constitutional balance and normalize extraordinary powers (Alberta’s Use of the Notwithstanding Clause to Force Teachers Back to Work is a Dangerous Abuse of Power, 2025) (ATA launches legal challenge against Bill 2, 2025).
  • The Alberta Teachers’ Association asserts that the Notwithstanding Clause does not authorize overriding democratic rights, such as the right to vote, mobility rights, or language rights. (ATA launches legal challenge against Bill 2, 2025)

 

Broader Impacts on Public Rights and Freedoms

  • Erosion of Judicial Oversight:
    • Invoking Section 33 removes legislative actions from court review, stripping courts of the power to review Charter infringements and raising doubts about the separation of powers. (Protecting Alberta’s Children Statutes Amendment Act, 2025)
    • Repeated use of the Notwithstanding Clause erodes democratic accountability and shows a willingness to bypass judicial limits, challenging key democratic norms. (D. & S., 2023)
    • According to an article from CanLII, Section 33 was intentionally designed to incorporate democratic safeguards. (THE SECTION 33 DEMOCRATIC ACCOUNTABILITY, 2023)
  • Public Trust and Democracy:
    • Passing rushed laws and limiting debate or court input raises concerns about unchecked power and weaker democratic processes. (Alberta’s Use of the Notwithstanding Clause to Force Teachers Back to Work is a Dangerous Abuse of Power, n.d.)
  • Slippery Slope for Civil Liberties:
    • Using Section 33 in labour disputes could set a precedent for government overrides in protests, education, or social policy, increasing fears about unchecked state power. (Section 33: The Notwithstanding Clause in Canadian Constitutional Law, 1984, pp. 262-290)

 

Section 2(d): Freedom of Association

  • Freedom of Association: Bill 2 may affect the right of association, especially through back-to-work laws.
  • How Bill 2 affects it:
    • Bill 2 orders teachers to return to work, ending their legal strike. (Back to work legislation for Alberta teachers, 2025)
    • It imposes employment terms without real negotiation. (ATA launches legal challenge against Bill 2, 2025)
    • Some say this creates a precedent for governments to override the right to strike or bargain collectively for political reasons, weakening organized labour protections. (ATA launches legal challenge against Bill 2, 2025).

 

Section 7: Life, Liberty, and Security of the Person

  • This section protects personal autonomy and guards against state interference in decisions affecting life, liberty, or security (Charterpedia – Section 7 – Life, liberty and security of the person, n.d.).
  • How Bill 2 affects it:
    • Teachers may incur legal and financial consequences for engaging in actions that were previously lawful. (ATA launches legal challenge against Bill 2, 2025)
    • Losing bargaining rights reduces teachers’ control over working conditions and well-being. The Alberta Teachers’ Association says Bill 2’s clause undermines teachers’ rights and sets a precedent for overriding rights in other professions without due process (ATA launches legal challenge against Bill 2, 2025).

 

Section 15(1): Equality Rights

  • Section 15 – Equality Rights: Building on the discussion of fundamental freedoms, this section focuses on the implications of Bill 2 for equal treatment and the risks to targeted groups.
  • How Bill 2 affects it:
    • By restricting teachers’ rights, Bill 2 treats them as less than other public sector workers and could increase systemic discrimination against targeted groups. (Canada: Education International condemns adoption of controversial bill that denies teachers’ labour rights in Alberta, 2025)
  • This lets governments target certain professions or unions and avoid court review, raising major concerns about selective application and abuse of power. (CBA Alberta Statement on the Use of the Notwithstanding Clause, n.d.)

 

Section 24 & 52: Legal Recourse and Judicial Oversight

These sections protect the right to challenge unconstitutional laws in court and to have such laws invalidated (Charterpedia – Section 24(1) – Remedies, n.d.).
  • How Bill 2 affects it:
    • Alberta Justice says Bill 2 uses the Notwithstanding Clause to stop courts from suspending or invalidating parts of the Protecting Alberta’s Children Statutes Amendment Act on Charter grounds for five years. This sharply limits judicial review and raises government power during this time. (ATA launches a legal challenge against Bill 2, 2025).

 

References