Winnipeg Free Press (Newspaper) - October 28, 2025, Winnipeg, Manitoba
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A5
NEWS I CANADA
E
DMONTON — Premier Danielle
Smith’s government introduced a
bill Monday using the Charter’s
notwithstanding clause to order 51,000
striking teachers back to work to end
the largest walkout in Alberta history.
If the bill passes, students would be
back in classes Wednesday, and Smith
has promised fast-tracked passage in
the house.
The move puts Smith’s government
on a potential collision course with
more than 350,000 workers in other
provincial unions, which promised an
“unprecedented response” if the gov-
ernment invoked the clause to override
teachers’ constitutional rights to as-
semble.
Some teachers and supporters were
in the legislature chamber gallery and
there were shouts of “Shame!” as Fi-
nance Minister Nate Horner formally
introduced the bill.
Smith earlier told reporters the size
of the strike and the need for ongoing
labour stability in schools required the
clause, which overrides Charter rights
for up to five years.
“This is a very unique situation we
find ourselves in. This is a unique strike.
We’ve never had 51,000 workers off the
job at the same time,” Smith said.
“I do not think people should indicate
any broader type of approach (using the
notwithstanding clause) when it comes
to labour action.”
Smith said the strike has already af-
fected the more than 740,000 students
out of schools since it began Oct. 6.
They are suffering from not learning
in classrooms and missing their class-
mates and teachers, she said.
“It’s not fair,” Smith said.
Under the bill, the Alberta Teachers’
Association and its members would
face hefty fines if they don’t comply:
up to $500 a day for individuals and
$500,000 a day for the union.
It would also impose a collective
bargaining agreement previously put
forward by the union and the province,
which rank-and-file teachers over-
whelmingly rejected in a vote. Teach-
ers would receive a 12 per cent wage
hike over four years, with a promise
to hire 3,000 more teachers and 1,500
more educational assistants.
Jason Schilling, head of the Alberta
Teachers’ Association, said the union’s
executive council will meet soon to de-
termine next steps, but said the use of
the notwithstanding clause is a black
mark and a disturbing precedent.
“This is a sad day for teachers. This
is a sad day for Albertans to have a gov-
ernment that is willing to trample on
your Charter rights for their own pur-
poses,” Schilling told reporters.
“They should be ashamed of them-
selves, and they’re not,” he said. “They
will use it again on others.”
The bill also overrides protections in
the Alberta Bill of Rights and the Al-
berta Human Rights Act.
Schilling noted the premier was not
in the house when the bill was intro-
duced. Smith had left the legislature to
travel to Saudi Arabia for the first leg
of a diplomatic tour in the Middle East.
“When this happened, she ran away.
She went elsewhere,” he said.
Bernie Dowhan, a Grade 9 teacher in
Calgary, was in the gallery watching,
yelling “Shame!” and “Ignorance!” as
Horner tabled the bill.
Dowhan told reporters after that
seeing the notwithstanding clause be
evoked to shut down the strike was “dis-
appointing, but not surprising.”
“Doing things the proper way doesn’t
seem to be resonating with Premier
Smith,” he said. “What is happening
in the classroom cannot continue any-
more.”
The teachers from public, separate
and francophone schools walked off
the job after the two sides failed to find
common ground, mainly on the issue of
class sizes and complexity. The union
called for immediate action on over-
crowded classrooms and lack of sup-
ports for students who need specialized
care.
Smith has said the issues can’t be
solved with a one-size-fits-all approach
at the bargaining table, but require a
flexible, collaborative approach.
On Monday, she said the legislation
wouldn’t address all concerns. She
committed to collecting and publicly
reporting data on classroom sizes — a
measure abandoned by the United Con-
servatives under former premier Jason
Kenney — and to forming a special
panel on classroom complexity.
However, the premier called the idea
of a class size cap “arbitrary,” arguing
it has failed in the past.
Larger labour unrest may be on the
horizon. Late last week, Common Front,
a coalition of 30 Alberta unions repre-
senting 350,000 workers, issued a state-
ment promising an “unprecedented re-
sponse” if the notwithstanding clause
was invoked.
The group said using the clause is an
abuse of process and effectively under-
mines the leverage unions have in ne-
gotiations.
— The Canadian Press
Alberta uses notwithstanding
clause to force teachers back
LISA JOHNSON AND JACK FARRELL
AMBER BRACKEN / THE CANADIAN PRESS
‘Black mark and disturbing precedent’: Alberta Teachers' Association president Jason Schilling.
WASHINGTON — The U.S. De-
partment of Homeland Security is
amending its policies to require that
all non-citizens — including Can-
adians — be photographed when en-
tering or leaving the United States.
The new security regulations,
posted in the federal register Mon-
day, are set to come into force on
Dec. 26, although it could take years
to fully implement them.
The department is looking to build
a comprehensive biometric data
collection through the new policy.
It says it will use facial recognition
technology to match a traveller’s
photo with existing passenger infor-
mation on file with the U.S. govern-
ment.
The records could be held for up
to 75 years.
“In select cases, fingerprints may
also need to be collected, but only as
required to better establish links to
previously collected traveller bio-
metric records,” the department
said.
The posting in the federal register
said the change is necessary to fight
terrorism and the use of fraudulent
documents, and to ensure people are
not overstaying their visas.
“Ultimately, this provides DHS
with more reliable information to
verify identities, and to strengthen
its ability to identify criminals and
known or suspected terrorists,” it
said.
The department said U.S. Customs
and Border Protection has been col-
lecting biometric data from some
travellers since 2004.
People passing through Amer-
ican airports are likely to have
been photographed throughout the
check-in process. The rule changes
will expand that effort with a more
comprehensive system to track trav-
ellers leaving the U.S.
The department said it’s still fa-
cing technological challenges as it
moves to deploy the new policy at
land border crossings.
The Canadian Civil Liberties As-
sociation expressed alarm over the
policy change and called facial rec-
ognition flawed and intrusive.
“This dramatic expansion of intru-
sive facial recognition capabilities is
all the more troubling for its lack of
accompanying privacy safeguards,”
said CCLA executive director How-
ard Sapers in a news release.
“Biometric information is deeply
sensitive and requires the highest
level of protection, including rigor-
ous security safeguards and effect-
ive privacy remedies.”
The association said facial recog-
nition technology is highly prone to
error and subjects racialized, non-
white people to higher rates of false
positives.
Tamir Israel, director of the asso-
ciation’s privacy, surveillance and
technology program, said “mass de-
ployment of this technology — which
is simply not yet fit for purpose — is
reckless.”
The Department of Homeland
Security is also ending a rule that
exempted travellers under the age
of 14 and over the age of 79 from the
collection of biometric information
— a rule the department said was
in place due to “technological limit-
ations.”
The department said the exemp-
tion was lifted to allow “DHS to asso-
ciate the immigration records creat-
ed for children to their adult records
later, which will help combat the
trafficking of children, and screen
for criminal history or associations
with terrorist or other organizations
seeking to violate applicable law
throughout a person’s lifetime.”
A near-identical change was pro-
posed in 2021. Many members of the
public submitted comments at that
time voicing opposition to the chan-
ges due to privacy concerns.
The department is collecting pub-
lic comments about the latest policy
change until Nov. 26.
— The Canadian Press
U.S. to take photos of
all travellers entering
or leaving the country
KELLY GERALDINE MALONE
;