EDMONTON — An Alberta judge granted an injunction Thursday to block a ministerial order that has prevented children with special needs from attending school as a support strike drags on.
More than 4,000 support staff, including educational assistants and cafeteria workers, have been on strike since mid-January over a wage dispute with the Edmonton Public School Board.
Education Minister Demetrios Nicolaides issued an order last month allowing the board to keep children with “complex needs” home from school and engage in full- or part-time learning at home during the strike.
A group of parents and guardians took the province to court over the order, saying more than 3,700 children are being discriminated against by not being allowed to attend classes in person.
The judge's decision said three youths have been excluded from in-person learning on a rotational basis since Jan. 13, while another student has been learning from home full time.
All the students named in the court document require classroom support from educational assistants and some parents have been forced to take an unpaid leave from work to care for their child.
The applicants have argued the order, which only applies to students with special needs, infringes on their Charter rights. The provincial government argued the plaintiffs have not proven "irreparable harm."
In an interview, lawyer Orlagh O'Kelly, who represents the group of parents and guardians, said they are happy with the ruling and that the language in it validates the rights of the children affected and recognizes their dignity.
"The court recognized that the children are suffering irreparable harm ... from being excluded from their peers," she said.
O'Kelly said they pursued the injunction because parents didn't find it fair that the school board was being allowed to keep kids home because of their disability.
She said the province was "doing basically nothing" to resolve the ongoing strike and instead placing the burden onto the children.
"That was an unacceptable situation, so a lot of the parents felt helpless and we had to do something," O'Kelly said. "This is just one step in getting them back to school."
The judge said the minister has until Feb. 27 to consider a new ministerial order that aligns with the court ruling.
In an emailed statement, Nicolaides said: “We are reviewing the judge's decision at this time."
Edmonton Public School Board superintendent Darrel Robertson wrote to parents saying school officials are awaiting further instruction from the province. Current contingency plans remain in place for now.
"Students who are presently on alternative learning arrangements will continue with those arrangements," he said, adding that conversations are underway about potential adjustments to those plans.
"Please know that we are doing everything we can within our current resources to support all students."
Rory Gill, president of Canadian Union of Public Employees Alberta, said the union is pleased with the decision, calling the minister's order "unjust and cruel."
"We are heartened by the court’s refusal to order the use of replacement workers as a means to resolve the issue," he said in a statement. Gill urged the province to return to the bargaining table and give workers a raise to end the strike.
Amanda Chapman, the NDP education critic, called the ruling a strong condemnation of the United Conservative Party government's "failure to properly fund education."
"They have failed to ensure students with complex needs get the education they deserve, denying them access to the classroom," she said on social media.
"The UCP funds education at the lowest rate in the country. 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."
This report by The Canadian Press was first published Feb. 20, 2025.
Aaron Sousa, The Canadian Press
