Court rejects $2.5 billion class action lawsuit by Black civil servants

A Federal Court judge recently denied the certification of a $2.5 billion Black civil servants class action lawsuit that was initiated in 2020 to address systemic racism within the public service. Justice Jocelyne Gagne’s order and reasons document revealed that the case failed to meet the class action requirement of raising common issues among the plaintiffs.

The lawsuit, which was filed in 2020, aimed to secure $2.5 billion in damages for lost salaries and promotions. The Black Class Action Secretariat, established due to the lawsuit, is advocating for sustainable solutions to combat systemic racism in the public service. This involves seeking compensation and establishing a Black equity commission.

Although Justice Gagne acknowledged the historical discrimination faced by Black Canadians and recognized the challenges within the public service, she concluded that the litigation plan put forth by the plaintiffs was inadequate. The judge also noted that there are several ongoing class actions against individual federal departments and agencies for racial discrimination, which could overlap with the current lawsuit.

The Black Class Action Secretariat expressed disappointment over the court’s ruling, emphasizing their dedication to pursuing justice despite the setback. The Secretariat emphasized that systemic anti-Black racism has been widely acknowledged by the federal government and confirmed their intention to confer with legal advisors to explore alternative courses of action.

In light of previous instances of racial discrimination within government organizations, such as a 2023 grievance ruling against the Treasury Board Secretariat and a 2024 report highlighting racial stereotyping at the Privy Council Office, the fight against systemic discrimination remains ongoing. The Secretariat reiterated the importance of addressing these issues head-on to create a more equitable work environment for Black public service workers.

The Federal Court hearing last fall, which aimed to determine the viability of the class-action lawsuit, was met with opposition from the federal government. The government sought to dismiss the case, suggesting that affected individuals could pursue alternative channels such as filing grievances or human rights complaints. Despite these challenges, the Black Class Action Secretariat remains resolute in its commitment to achieving justice and accountability for Black workers in the public service.