An Alberta judge has issued an injunction to halt a ministerial order that prevented children with special needs from attending school during an ongoing support staff strike. The decision, made on Thursday, comes as more than 4,000 support workers, including educational assistants and cafeteria staff, continue their strike over a wage dispute with the Edmonton Public School Board.
The strike, which began in mid-January, prompted Education Minister Demetrios Nicolaides to issue an order last month allowing the school board to keep students with “complex needs” at home. These students were offered full- or part-time remote learning during the strike.
However, a group of parents and guardians challenged the order in court, arguing that it discriminated against more than 3,700 children by denying them access to in-person education. According to court documents, three students have been excluded from in-person learning on a rotating basis since January 13, while another has been learning from home full-time.
The affected students rely on classroom support from educational assistants. Some parents have had to take unpaid leave to care for their children, adding to the strain on families.
The parents argued that the ministerial order violated their children’s Charter rights. The provincial government, however, claimed the plaintiffs had not demonstrated “irreparable harm.”
In her ruling, the judge sided with the parents, stating that the children were suffering harm by being excluded from their peers. The minister now has until February 27 to issue a new order that complies with the court’s decision.
Parents and Advocates React
Orlagh O’Kelly, the lawyer representing the parents, expressed relief at the ruling. She said the decision affirms the rights and dignity of the affected children.
“The court recognized that the children are suffering irreparable harm from being excluded from their peers,” O’Kelly said. She added that parents felt the school board was unfairly targeting children with disabilities by keeping them home.
O’Kelly criticized the province for failing to resolve the strike and instead placing the burden on vulnerable students. “This is just one step in getting them back to school,” she said.
Province and School Board Respond
In a statement, Education Minister Nicolaides said the government is reviewing the judge’s decision. Meanwhile, Edmonton Public School Board superintendent Darrel Robertson informed parents that contingency plans remain in place for now.
“Students who are presently on alternative learning arrangements will continue with those arrangements,” Robertson said. He added that discussions are ongoing about potential adjustments to these plans.
Union and Opposition Weigh In
Rory Gill, president of the Canadian Union of Public Employees (CUPE) Alberta, welcomed the court’s decision, calling the ministerial order “unjust and cruel.” He urged the province to return to the bargaining table and offer fair wages to end the strike.
Amanda Chapman, the NDP education critic, accused the United Conservative Party (UCP) government of underfunding education. She said the ruling highlights the government’s failure to support students with complex needs.
“The UCP funds education at the lowest rate in the country,” Chapman said on social media. “They can change that, come to the table with more resources for school boards, and ensure that education support staff get paid fair wages to put food on the table.”
The injunction marks a significant development in the ongoing strike, with advocates hoping it will lead to a resolution that prioritizes the needs of students and workers alike.
