With an upcoming BC election, two of the province’s largest unions are calling on political parties to make their positions on the notwithstanding clause clear before election day.

In an open letter sent on October 9, the BC Teachers’ Federation (BCTF) and Hospital Employees’ Union (HEU), representing more than 110,000 workers, are asking every party to commit to respecting charter rights and not using the notwithstanding clause—or explain under what circumstances they would use it.

The letter points to the growing use of the clause across Canada to override the rights of workers, students, and others. It also highlights BC’s own history of unconstitutional legislation targeting teachers and health care workers, which both unions successfully challenged at the Supreme Court of Canada.

It was sent to NDP Leader David Eby, BC Conservative Leader Lorne Doerkson, BC Green Leader Emily Lowan, CentreBC Leader Elenore Sturko, and OneBC Leader Dallas Brodie.

A copy of the letter is below:

Dear Party Leader:

Subject: An open letter to British Columbia’s political parties on the notwithstanding clause

As British Columbians prepare to vote in the provincial election, the BC Teachers’ Federation and the Hospital Employees’ Union are asking every political party to state clearly where you stand on the use of the notwithstanding clause and protecting Canadian’s constitutional rights. Together, the BCTF and HEU represent over 110,000 workers and voters in British Columbia.

The notwithstanding clause gives governments extraordinary power to override certain fundamental rights and freedoms guaranteed by the charter. Historically, its use has been rare—but governments are increasingly turning to it to override charter rights that stand in the way of their heavy-handed legislation.

Teachers and health care workers in BC fought against unconstitutional legislation when Gordon Campbell’s BC Liberal government stripped their collective agreements in 2002, attacking their charter rights and making conditions worse for students and patients across the province. Both unions eventually won their cases against the government in the Supreme Court of Canada after years of legal battles.

Now in 2026, as governments across Canada are using the notwithstanding clause more and more, teachers and health care workers need to know where your party stands before casting their ballots on October 24. 

In just the past few years, provincial governments have used the notwithstanding clause to override the rights of workers, young people, and others:

• Alberta, 2025—The government used the clause to end a province-wide teachers’ strike and impose a collective agreement.
• Saskatchewan, 2023—The government used the clause to shield its law requiring parental consent for students under 16 to use a different gender-related name or pronoun at school.
• Ontario, 2022—The government invoked the clause pre-emptively to impose a contract on 55,000 members of the Canadian Union of Public Employees who were education workers and banned them from striking. It repealed the law following a show of public opposition across Canada.
• Ontario, 2021—The government invoked the clause to protect restrictions on third-party political advertising after a court found they violated freedom of expression.
  

These circumstances are different, but the concern is the same. Governments choosing to put their hardline agenda ahead of peoples’ fundamental charter rights.

Before British Columbians vote, we are asking your party to answer two questions:

1. If elected, will your government commit to respecting charter rights and not using the notwithstanding clause?
2. If not, under what circumstances would your government use it to override charter rights?
   

British Columbians deserve to know whether you will respect their charter rights.

We will publish each party’s response—or absence of a response—so our members and the public can see where you stand before they vote.

Sincerely,