Reasonable People Don’t Use the Notwithstanding Clause

Alberta’s human rights record is at risk. The UCP government, under Premier Danielle Smith, has chosen to override the rights and freedoms of Albertans by repeatedly invoking the notwithstanding clause.

The Canadian Charter of Rights and Freedoms, the Alberta Bill of Rights, and the Alberta Human Rights Act have shaped life in our province for decades. These documents guarantee the rights and freedoms we often take for granted.

Thanks to the Charter, every Canadian enjoys fundamental freedoms: freedom of conscience and religion; freedom of thought, belief, opinion, and expression. The charter also includes freedom of the press; freedom of peaceful assembly; and freedom of association.

Freedom of association includes unions and strikes. We know that labour action such as a strike can be uncomfortable and difficult. But it is an indispensable component of meaningful collective bargaining guaranteed by the Charter of Rights and Freedoms, the Alberta Bill of Rights and the Alberta Human Rights Act. Having the right to withhold one's labour is essential for employees to have an equal footing with employers; and it is your right.

When the UCP legislated teachers back to work on October 27, it was a dark day for everyone fighting for better learning conditions in Alberta schools. Albertans were shocked that the UCP legislated teachers back to work with no negotiated contract, no right to appeal, and notwithstanding their guaranteed fundamental freedom of association.

Since the Charter of Rights and Freedoms became a part of our Constitution over 43 years ago, on April 17, 1982, Alberta had never used the notwithstanding clause to enforce a law. Until now. In just 23 days, Danielle Smith and the UCP government invoked it four times. This is not democratic governing; this is authoritarian governing.

Firefighters, doctors, nurses, tradespeople and teachers (groups that traditionally try to stay out of politics) are speaking out against all four of the UCP’s use of the notwithstanding clause. This impacts everyone across Alberta. When rights of one are overridden, the rights of everyone are at risk.

Canada represents a society of tolerance and democracy. People are people. You be you, and I’ll be me. How did we get to this moment in our province when the fundamental rights of citizens would be overridden by our government and when intolerance, discrimination, and sexism would be enshrined in law?

The Canadian Charter of Rights and Freedoms, the Alberta Bill of Rights, and the Alberta Human Rights Act guarantee our personal rights and freedoms. When we allow exceptions, we open the door to a slippery slope where no one’s rights are secure.

Thank you to the thousands of people in Sherwood Park who continue to send emails to the government. Democracy depends on participation. Keep speaking up, asking questions, and holding this government to account.

When Ralph Klein’s government tried to invoke the notwithstanding clause in 1998, strong public reaction forced the government to abandon the bill. Albertans were revolted by the idea of stripping legal rights from a vulnerable group. Using your voice makes a difference. There is still time to speak out against Bill 9, the bill before the Legislature that invokes the notwithstanding to override people’s charter rights.

Albertans deserve reasonable people in government that respect rights and governs responsibly. Reasonable people do not use the notwithstanding clause.