Court dismisses $2.5B class action alleging systemic racism in the public service

Federal Court Dismisses Class-Action Lawsuit Alleging Systemic Racism in Public Service

On Monday, a Federal Court judge made a decision to dismiss a motion to certify a proposed class-action lawsuit brought forth by Black public servants in 2020. The lawsuit alleged the presence of systemic racism within the public service, seeking $2.5 billion in damages for lost salaries and promotions.

In the \”order and reasons\” document, Justice Jocelyne Gagné stated that the case did not meet the class-action requirement of raising common issues. Additionally, Gagné deemed the scope of the plaintiffs’ claim unsuitable for a class procedure.

The Black Class Action Secretariat, formed as a result of the lawsuit, aims to address systemic racism and discrimination in the public service by seeking long-term solutions, including compensation and the appointment of a Black equity commission.

While acknowledging the history of discrimination faced by Black Canadians, Gagné highlighted that the plaintiffs failed to present a sufficient litigation plan and did not establish grounds for the court’s jurisdiction over the case.

The judge also noted the existence of several class actions against federal departments and agencies alleging racial discrimination, which significantly overlapped with the present action.

Plaintiffs’ Response to the Decision

Following the ruling, the Black Class Action Secretariat expressed disappointment but emphasized that the fight for justice continues. The Secretariat stated that systemic anti-Black racism has been recognized by the federal government and that they will explore next steps with their legal team.

Nicholas Marcus Thompson, the head of the Black Class Action Secretariat, emphasized the longstanding systemic discrimination faced by Black public service workers and called for real change beyond mere recognition of past harms.

The Federal Court hearing last fall included arguments from the federal government, which sought to dismiss the case by suggesting alternative avenues for Black public servants to address their grievances.

The government’s defense included the removal of certain groups from the class members list due to ongoing similar class actions in other departments. The government’s expenditure of approximately $10 million in fighting the class action was also highlighted.

Despite the setback of the court’s decision, the plaintiffs remain committed to pursuing justice and addressing systemic racism within the public service.