Premier Danielle Smith's caucus swiftly passed Bill 2, the Back to School Act, using the Charter's notwithstanding clause to force 51,000 striking teachers back to work by Wednesday.

The United Conservatives leveraged their legislative majority and imposed one-hour debate limits early Tuesday, ultimately passing the bill through three stages in six and a half hours, concluding at 2 a.m.

Education Minister Demetrios Nicolaides called the three-week strike, which began October 6, an "undeniable moral imperative" and urged it to end, citing harm to over 740,000 students' academic development. "This strike has moved beyond the state of inconvenience," he added.

The bill imposes a collective agreement and uses the notwithstanding clause to prevent court challenges for the four-year deal. 

Today we announce Bill 2: the Back to School Act.
 
If passed, this bill will put student learning first, ensure our children return to the classroom on Wednesday, October 29th and legislate a fair reasonable collective bargaining agreement for Alberta teachers. On top of $8.6… pic.twitter.com/HtHjp6r73c

— Danielle Smith (@ABDanielleSmith) October 28, 2025

Smith justified overriding Charter rights due to the unprecedented 51,000-worker strike, stating, “This is a very unique situation … a unique strike.”

Under Bill 2, teachers would receive a 12% raise over four years, with plans to hire 3,000 more teachers and 1,500 more educational assistants. The bill bypasses protections in the Alberta Bill of Rights and the Alberta Human Rights Act.

She clarified, "I do not think people should indicate any broader type of approach [using the notwithstanding clause] when it comes to labour action.”

This is a strident call for immediate Right To Work legislation in Alberta, which gives workers the freedom to chose whether they wish to opt-out of union membership, and prevents these partisan groups from compelling workers to fund their radical causes.

Are you a worker who… pic.twitter.com/1KWMkNtktf

— Michael Thomlinson (@miket136) October 28, 2025

As reported by the Canadian Press, the Opposition NDP voted against Bill 2, citing the government's use of the notwithstanding clause as an authoritarian abuse of power.

Teachers and supporters in the legislature gallery shouted "Shame!" as Finance Minister Nate Horner introduced the bill Monday afternoon and again after its passage Tuesday morning.

 

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Smith's government faces potential conflict with 350,000 provincial union workers who pledged an "unprecedented response" if the government overrides teachers' constitutional assembly rights.

Gil McGowan, president of the Alberta Federation of Labour and Common Front point person, announced they are considering all options, including a strike. A plan will be finalized Tuesday with affiliated unions and revealed Wednesday.

If you’re just tuning in, Alberta had to invoke the Notwithstanding clause to HIRE 3000 new full-time public servants and to give current public servants a double-digit raise. And they did this while respecting the right to strike. Naturally, the left is mad.

— Blaise (@boehmerB) October 28, 2025

Jason Schilling, Alberta Teachers' Association president, watched Bill 2 tabled Monday evening and later expressed his fury to reporters outside the legislature.

"We saw a government bully, " Schilling said. "We saw a government use the legislature to ram through what they feel is a fair settlement and then use the notwithstanding clause to prohibit the rights of teachers. "

Bill 2 sets financial penalties of $500 per day for individuals who defy the back-to-work order and up to $500,000 for the union per day, if it doesn't comply with the legislation. The bill also suspends bargaining at local tables until 2028. 

Alberta teachers previously rejected two deals from their bargaining team and the Teachers’ Employer Bargaining Association. 

Parents aren’t blaming teachers; they’re blaming Danielle Smith.

They’re right to do so: Alberta is the richest province in Canada, yet we spend the least per student.

That’s not an accident. That’s a choice.
Let's stand with teachers and stand up for public education. pic.twitter.com/llYEUnXcqb

— Naheed Nenshi (@nenshi) August 26, 2025

Opposition Leader Naheed Nenshi called Smith "the most authoritarian premier in the history of Canada" for invoking the notwithstanding clause. He suggested alternatives like binding arbitration.

The Premier missed the bill's introduction and passage after departing Monday afternoon for a Middle East trade mission.

Nenshi claimed it would provoke significant backlash, warning Smith would "rue the day" she angered parents, teachers, students, and workers seeking a better Alberta.

The government's "fair" offer drew ATA backlash regarding class sizes and student support. However, Smith favours a flexible, collaborative approach over a "one-size-fits-all" solution, dismissing a class size cap as an "arbitrary" past failure. 

An action team formed last summer will report next month on student aggression and complexity, with a new task force to implement proposed solutions.