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

CBC

18-03-2025

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A Federal Court judge on Monday dismissed a motion to certify a proposed class-action lawsuit launched by Black public servants in 2020 who alleged there was systemic racism within the public service.
In an "order and reasons" document, Justice Jocelyne Gagné said the case did not sufficiently meet the class-action requirement that the claims raise common issues.
Gagné also said the scope of the plaintiffs' claim "simply makes it unfit for a class procedure."
Filed in 2020, the class action sought $2.5 billion in damages because of lost salaries and promotion.
The Black Class Action Secretariat, a group created as a result of the lawsuit, is seeking long-term solutions to address systemic racism and discrimination in the public service, including compensation and the appointment of a Black equity commission.
Gagné said the court acknowledges the "profoundly sad ongoing history of discrimination suffered by Black Canadians" and that plaintiffs have faced challenges in the public service.
However, she said the plaintiffs didn't present an adequate litigation plan and that they failed to present grounds for the court to assert jurisdiction over the case.
The document also said there are several class actions against individual federal departments and agencies alleging racial discrimination, which "overlap significantly with the present action."
Proposed class members, the judge said, "would therefore be included in the class definition of these other class proceedings."
Plaintiffs call decision 'major disappointment'
The Black Class Action Secretariat said in a news release Monday that the ruling was a "major disappointment, but it is not the end of our fight for justice."
It said "this has been a David vs. Goliath battle, and while today's outcome is frustrating, it only strengthens our resolve."
The news release said systemic anti-Black racism has long been recognized by the federal government and that the plaintiffs will meet with their legal team to "explore next steps."
In 2023, a grievance ruling by the Treasury Board of Canada Secretariat found that the Canadian Human Rights Commission discriminated against its Black and racialized employees. In 2024, an internal report found that public servants working at the Privy Council Office were subject to racial stereotyping, microaggressions and verbal violence.
"For decades, Black public service workers have faced systemic discrimination, and today's decision does nothing to change that reality," said Nicholas Marcus Thompson, head of the Black Class Action Secretariat.
A Federal Court hearing took place last fall to help determine whether the lawsuit could proceed.
At the time, the federal government filed a motion to strike, asking the judge to dismiss the case. The government argued that Black public servants could file grievances or human rights complaints.
The government also called to remove Canadian Armed Forces and RCMP members, as well as Department of National Defence and Correctional Service Canada employees as class members because of ongoing similar class actions.
Thompson says the government used procedural barriers to "avoid addressing the merits of this case, rather than standing on the side of fairness and accountability."
The government has spent around $10 million fighting the class action.