Court rejects $2.5 billion class action lawsuit by Black civil servants
A recent development in the legal sphere has garnered attention as a Federal Court judge dismissed a motion seeking certification of a $2.5 billion class action lawsuit initiated by Black public servants in 2020. The lawsuit alleged systemic racism entrenched within the public service. The judge, Justice Jocelyne Gagné, articulated in an “order and reasons” document that the underlying claims did not present common issues sufficient for class action certification. Additionally, the extensive scope of the claim rendered it unsuitable for class proceedings.
The class action, filed in 2020, aimed to secure $2.5 billion in damages to compensate for lost salaries and promotions. The formation of the Black Class Action Secretariat, consequent to the lawsuit, reflects a collective effort to address systemic racism and discrimination within the public service. Key components of the Secretariat’s objectives encompass seeking long-term solutions, including compensation, and establishing a Black equity commission to foster a fairer environment.
Acknowledging the enduring discrimination faced by Black Canadians, Justice Gagné stressed the absence of a definitive litigation plan presented by the plaintiffs, highlighting a deficiency in establishing the court’s jurisdiction over the case. Furthermore, the judge noted existing class actions against individual federal departments and agencies that replicate the core allegations of racial discrimination raised in the present action, implying an overlap among these proceedings.
Following the court’s ruling, the Black Class Action Secretariat expressed disappointment in the outcome while affirming their commitment to pursuing justice. The Secretariat underscored the persistent recognition of systemic anti-Black racism by the federal government and announced plans to confer with their legal team to explore potential recourse following the dismissal of the class action. The Secretariat’s resolve remains unshaken, as they perceive this setback as a catalyst for intensifying their pursuit of justice.
Emphasizing the imperative for constructive change, Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat, articulated the significance of addressing past injustices faced by Black public service workers. Thompson criticized the government’s utilization of procedural hurdles to obfuscate the merits of the case, characterizing their actions as a deterrent to fairness and accountability. The government’s expenditure of approximately $10 million in legal fees to contest the class action has further fueled the resolve of advocates for workplace equity.
Amidst adversities encountered in combating systemic racism and discrimination, the Black Class Action Secretariat remains steadfast in their commitment to effectuating tangible progress towards achieving workplace equity for Black public servants. Despite setbacks, the pursuit of justice continues unabated, reflecting a collective determination to rectify historical injustices and propel substantive change within the public service.
