University of Calgary Faculty of Law ABLawg.ca logo over mountains

Category: Education

Back to School Notwithstanding the Charter

By: Shaun Fluker and JD students registered in the Public Interest Law Clinic

Legislation Commented On: Back to School Act, SA 2025 (full citation unavailable at publication time)

PDF Version: Back to School Notwithstanding the Charter

On Monday October 27, 2025, the Minister of Finance Nate Horner tabled Bill 2, Back to School Act, in the second session of the current Legislature, and the UCP government subsequently pushed it through all three readings of the legislative process, effectively passing it on the same day it was introduced. The Back to School Act came into force on royal assent on October 28, 2025. The Act legislates the end of the Alberta Teachers Association (ATA) strike and imposes labour terms between the Province of Alberta and the ATA for 4 years. While this alone warrants significant scrutiny, section 3 of the Act goes further and pre-emptively invokes the Charter’s notwithstanding clause (section 33), immunizing the Act from being struck because it unlawfully infringes sections 2 and 7 to 15 of the Charter. This post explains why the Back to School Act remains justiciable, which is to say, a law still amenable to judicial scrutiny.

New Standards (or is it a Book Ban?) in Alberta K-12 Schools

By: Shaun Fluker

Order Commented On: Ministerial Order 030/2025 (Education and Childcare)

PDF Version: New Standards (or is it a Book Ban?) in Alberta K-12 Schools

On July 4, 2025, Education and Childcare Minister Demetrios Nicolaides issued Ministerial Order 030/2025  prohibiting the inclusion of library materials with prescribed sexual content in K-12 schools. The Minister’s statement that this is about school standards and not a book ban, as reported by CBC News here, is simply not reconcilable with the written terms of his Order, as explained in this post.

Powered by WordPress & Theme by Anders Norén