Media Advisory: Black Federal Workers Head to Court in Landmark $2.5B Class Action Lawsuit Against Government of Canada

TORONTO, Oct. 25, 2024 (GLOBE NEWSWIRE) -- Black public service workers are set to appear in federal court Monday October 28, 2024 in the country’s largest, broadest, and most high-profile employment-related discrimination case against the Government of Canada. The certification hearing, set to last up to 12 days, will determine whether the case alleging systemic anti-Black racism in the federal public service can move forward as a class-action lawsuit. If certified, the lawsuit could cover all Black federal public service workers and job applicants from 1970 to the present, amounting to approximately 45,000 impacted workers. The plaintiffs have provided a settlement offer to the government, requesting the government consent for this class action to move forward, as they have in other cases.

This court hearing is the latest in a four-year battle seeking $2.5 billion in damages for lost salaries and pensions of Black employees and job applicants across 99 government departments and agencies dating back to 1970. The lawsuit’s allegations of widespread systemic discrimination across all levels of the federal public service have been supported by multiple federal reports, including: the Treasury Board of Canada Secretariat’s findings of anti-Black racism at the Canadian Human Rights Commission; an internal report on widespread discrimination at the Privy Council Office; and, the Auditor General’s report on the government’s failures to meet its commitments on employment equity.

Since 2020, the Government of Canada has spent more than $8 million in taxpayer dollars fighting Black public service workers in court. It is seeking to dismiss the lawsuit, claiming that workers already have options through the public service’s grievance process and the Canadian Human Rights Commission, which itself has been rife with issues of systemic discrimination. The federal government has previously settled similar lawsuits with other marginalized community groups including survivors of the “LGBT Purge”, and workers facing racism in the Canadian Armed Forces. The Senate of Canada, and Amnesty International Canada will make submissions at the certification hearing.

MEDIA ADVISORY: BLACK CLASS ACTION CERTIFICATION HEARING
DATE: Monday October 28, 2024
LOCATION: Federal Court of Canada (180 Queen Street W., Toronto)

8:30am Media Availability - Representative plaintiffs will be available for comment

9:30am Court proceedings begin - Register for livestream here

12:30pm Workers Rally and Press Conference
(Please note: exact timing of the press conference will be determined by the court’s lunch break)
Speakers: Nicholas Marcus Thompson - Black Class Action Secretariat; Bernadeth Betchi - Representative Plaintiff; Jagmeet Singh - Federal NDP Leader; Craig Reynolds - Public Service Alliance of Canada; Jennifer Carr - Professional Service of the Public Service of Canada, Alisha Kang - Union of National Employees, Canadian Association of Professional Employees, and other workers unions, human rights groups, proposed class action members, and legal experts.

Former and current public sector workers are also available for media interviews leading up to, and throughout, the certification hearing.

MEDIA CONTACT: media@bcas-srcn.org

About: The Black Class Action Secretariat (BCAS) is a non-profit organization dedicated to combating anti-Black discrimination through litigation and advocacy. It serves as the coordinating body for the Black class action lawsuit against 99 federal employers within the Canadian public service, aiming to address systemic discrimination and promote equity for Black individuals in the workforce.

BLACK CLASS ACTION LAWSUIT FACT SHEET

Lawsuit Name: Thompson v. Canada (also known as the Black Class Action)

Who Represents the Group (Representative Plaintiffs):
The case is being brought forward by 13 individuals, known as representative plaintiffs. They are:

Nicholas Marcus Thompson
Jennifer Phillips
Michelle Herbert
Kathy Samuel
Wagna Celidon
Duane Guy Guerra
Stuart Philp
Daniel Malcolm
Alain Babineau
Bernadeth Betchi
Carol Sip
Monica Agard
Marcia Banfield Smith

The representative plaintiffs seek to represent approximately 45,000 impacted workers, referred to as proposed class members.

If the class action is certified, all Black federal public service workers and job applicants who faced discrimination during the class period could automatically be included without needing to apply.

Class Period: The class period refers to the time frame during which Black federal workers and job applicants must have experienced discrimination to be eligible for inclusion in the lawsuit. In this class action, the proposed class period extends from 1970 to the present, aligning with Canada's ratification of the International Convention on the Elimination of All Forms of Racial Discrimination on October 14, 1970.

Claim Allegations:

The lawsuit alleges that Black public service employees in Canada have been systematically denied opportunities for hiring and promotion due to their race. The plaintiffs claim that the Government of Canada, as the employer, has breached its duty of care and fiduciary responsibilities to protect these employees from harm, violating their rights under both Canadian and Quebec Charters of Rights and Freedoms.

The class action lawsuit alleges that widespread systemic discrimination exists across the federal public service, negatively impacting Black workers and applicants at all levels. This includes:

Discrimination in hiring and promotions: Black workers have been unfairly passed over for job opportunities and promotions, often being overlooked in favor of less qualified candidates on account of their race
Underrepresentation in senior roles: Black employees are disproportionately absent from leadership and executive positions.
Hostile work environments: Black workers have reported toxic work environments where they face microaggressions, racial stereotyping, and unequal treatment.
Barriers to career advancement: Systemic barriers, such as lack of mentorship and career development opportunities for Black workers, have prevented them from reaching their full potential.

What the Class Action is Seeking:

Certification of the class action to represent all Black individuals employed by the Canadian federal public service from 1970 to the present, who were denied hiring or promotional opportunities based on race.
Recognition of systemic racism in the public service and an acknowledgment of breaches of rights, including equal protection and benefits of the law, without discrimination based on race.
Financial compensation in the form of aggregate damages in the amount of $2.5B for loss of salary and pension for Black employees who have suffered from systemic discrimination.
Establishment of a Justice and Equity Promotion Plan for Black public service employees to address the historic and ongoing systemic discrimination in hiring and promotions.
Creation of a mental health fund to provide culturally sensitive physical and mental health services to Black employees, reflecting the severe impact that discrimination has had on their well-being

What Will Happen at the Certification Hearing:

The certification hearing is scheduled to begin on October 28, 2024, at the Federal Court in Toronto (180 Queen Street West) and may take up to 12 days.

Plaintiffs' Motion for Certification:
The plaintiffs will ask the court to allow the case to move forward as a class action.
Canada's Motion to Stay Portions of the Action (Overlap Concerns):
The government may argue that some parts of the lawsuit should be dismissed because they overlap with existing class actions.
Canada's Motion to Strike (Dismiss the Claim - Jurisdiction and Causes of Action):
The government is also seeking to dismiss the lawsuit, claiming that Black federal workers already have options through the public service’s grievance process, and the Canadian Human Rights Commission.
Plaintiffs' Motion to Introduce New Evidence (Adduce Fresh Evidence):
The plaintiffs are seeking to introduce new evidence that was not available when the lawsuit was filed in 2020. They include Dr. Rachel Zellers internal report on widespread discrimination at the Privy Council Office, the Senate Committee Report highlighting discrimination at the Canadian Human Rights Commission, and the Auditor General’s report on the inclusion of racialized employees in the workplace.

Government of Canada Reports and Findings of Anti-Black Racism and Discrimination:

Discrimination at the Canadian Human Rights Commission:
There have been findings of discrimination at the Canadian Human Rights Commission (CHRC), the very institution tasked with promoting equality. This highlights the systemic nature of discrimination, even within the agencies meant to safeguard against it.
Discrimination at the Privy Council Office:
The Privy Council Office (PCO), which supports the Prime Minister and the Cabinet, has also been found to have widespread discrimination. A detailed report revealed that Black employees in the PCO experienced similar barriers to promotion, toxic work environments, and a lack of support for their advancement.
Auditor General's Report on Equity:
The Auditor General released a report showing that the Canadian government has failed to meet its commitments on employment equity. The report criticized the government's inability to create fair opportunities for Black workers and other racialized employees, despite multiple promises to address systemic discrimination.
Government's Acknowledgement of Systemic Anti-Black Discrimination:
The government has publicly acknowledged that systemic anti-Black discrimination exists in the federal public service. Despite this, they continue to fight Black workers in court, contesting this class action. This contradiction between acknowledging the problem and opposing the legal claims made by Black workers underscores the ongoing challenge in achieving justice and fairness for those impacted by discrimination.

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