(Updated October 23, 2026)

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, along with the responses from the Green Party, OneBC, and the NDP. The BC Conservatives and CentreBC have not responded.

Open letter

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,

Response from the Green Party

Dear Ms Gordon,

Thank you for your letter of 9 October, asking about the BC Greens position on the use of the ‘Notwithstanding Clause’, or Section 33 of the Charter of Rights and Freedoms.

The BC Greens understanding of the Clause is that it gives provincial parliaments in Canada the power to override certain portions of the charter for five-year terms when passing legislation. The clause can only override certain sections of the charter — section 2 and sections 7 to 15, which deal with fundamental freedoms, legal rights and equality rights. It can't be used to override democratic rights.

The BC Greens believe strongly in the provisions of the Canadian Charter of Rights and Freedoms. We have no plans to invoke the notwithstanding clause, and cannot foresee any scenarios where that would be necessary. If returned to the Legislative Assembly, the BC Greens will be alert to any attempts to invoke this section by other parties within the Legislature.

Response from OneBC

Dear Carole thank you for your inquiry. The answers to your questions are as follows:

1. The notwithstanding clause is section 33 of the charter of rights, so yes, we will use the charter to uphold the charter.
2. The notwithstanding clause is a failsafe to protect the rights of British Columbians from potential overreach by the Federal government or other provinces. For example, if the Feds try to dissolve the BCTF to centralize all education under a federal agency, we could stop that by using the notwithstanding clause.
   

All the best,

OneBC team

Response from the NDP

Dear Carole Gordon, President of the BC Teachers’ Federation,

Thank you for reaching out to the BC NDP during this critical moment. We appreciate the opportunity to respond by way of this letter, and hope that it helps provide your members with clarity during this election.

In response to your specific question regarding whether B.C. New Democrats would use the notwithstanding clause to override constitutional rights, we can answer your question clearly and simply: no. We will not invoke the notwithstanding clause to trample on the rights of people in B.C. We are committed to the Canadian Charter of Rights and Freedoms and the protections it offers people across the Province.

In addition, we want to reiterate our commitments to quality public education in B.C. and recognition for the critical work being done by the members of the BC Teachers’ Federation. We remain dedicated to improving workplace conditions so that B.C. teachers can continue to provide the best education possible for students across the Province. That includes continuing work on our commitments to making sure every K-3 classroom has an EA and that we have counsellors in every school.

When it comes to EAs in classrooms, that’s part of providing adequate support for diverse student needs as well as making sure resources are available to maintain manageable class sizes. This includes recruiting, training and hiring more teachers and support staff, and providing targeted funding for schools facing the greatest challenges. The BC NDP have hired thousands more teachers and support staff and are building schools across B.C. to support smaller class sizes and quality education for kids. Since 2017, the number of teachers is up 22%, school counsellors up 74% and education assistants up 46%. And we’re investing in places to learn too, with 250 new or upgraded schools complete or underway across B.C., with 50,000 new student seats and 40,000 seismically upgraded.

Nothing is more important for learning than a student’s mental health. We are committed to expanding mental health outreach and support for children and young adults, both in schools and in the broader community. In addition to making sure every school has a school counselor, we’re also taking action to ensure children and youth have a seamless experience when they ask for help by expanding Integrated Child and Youth (ICY) teams. These teams are able to coordinate multi-disciplinary services for young people up to age 19 and their caregivers.

For youth specifically, the BC NDP is significantly expanding Foundry centres - a province-wide network of integrated youth centres and virtual supports, offering free and confidential counselling, primary-care, sexual-health and addictions services to young people aged 12-24 and their families. Foundry is part of the local public health care network, and the services are a fundamental part of the Province’s delivery of health care, including mental health and substance-use care, for young people.

Voters have a clear choice this election. The conservative parties are planning big budget cuts that would impact education - just like they did before when they closed schools and fought with teachers all the way to the Supreme Court. They’ve acknowledged that education and health care are going to “take the brunt” of their cuts. Our students deserve better than their reckless approach, and so does B.C.

Thank you again for reaching out and for the opportunity to respond to your questions.