Court ruling OK’s Amnesty Canada intervention in Black Class Action lawsuit

Fair enough but would have thought higher priorities, particularly given overall representation number of Black public servants compared to other visible minority groups:

….In October 2022, the federal government called for a Federal Court judge to dismiss the uncertified class action seeking $2.5 billion in compensation, arguing workers should pursue other avenues for redress, including filing complaints with the Canadian Human Rights Commission.

Amnesty Canada applied to the court to intervene last summer, with the organization’s counsel noting in a cross-examination a few months later that its participation would be “limited to making legal arguments regarding the defendant’s obligations under international law.”

“Canada’s duty to uphold federal workers’ rights goes beyond the Charter and domestic employment equity legislation,” Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section, said in a news release about the decision. “As we will stress to the court, Canada also has clear obligations under international law to promote equity, counter racism and provide an effective remedy when people are subjected to systemic discrimination.”

The court decision stated that the government was the only opponent to the motion, “largely on the basis that the proposed submissions are substantive in nature and not relevant to the procedural issues raised in the certification motion and motion to strike, and on the basis that, in any event, these issues are not governed by international law.”

In a news release, the Black Class Action Secretariat said it welcomed the court’s decision to allow Amnesty International Canada’s intervention in the lawsuit despite the government’s efforts to “vehemently oppose it.”

“This pivotal ruling underscores the necessity of incorporating international human rights perspectives in the fight against systemic discrimination within the federal public service,” a BCAS statement read. “This intervention highlights the national and international importance of our cause and the urgent need to address these injustices.”

The certification hearing is expected to take place after May 3, but BCAS said it called on the government to consent to the certification of the class action instead of “forcing workers to relive decades of trauma.”

“This step is crucial in moving forward toward a fair and just resolution for the affected Black workers,” its statement read. “We urge the government to commit to meaningful actions that address and rectify the discrimination within the public service, thereby restoring trust and integrity in Canada’s federal public service.”

Source: Court ruling OK’s Amnesty Canada intervention in Black Class Action lawsuit