Court denies certification of $2.5-billion Black civil servants class action lawsuit

Successful in raising the profile and issue, but ultimately failed at court. And the plaintiffs assertion that “they deserve real change” discounts the overall improvement among Black public servants in terms of hirings, promotions and separations:

A Federal Court judge on Monday dismissed a motion to certify a proposed class action lawsuit that was 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 Gagne said the case did not sufficiently meet the class action requirement that the claims raise common issues.

Gagne 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.

Gagne 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 a ground 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.”

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.”

“For five years, this has been a David vs. Goliath battle, and while today’s outcome is frustrating, it only strengthens our resolve,” the organization said.

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 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,” Thompson said.

A Federal Court hearing took place last fall to help determine whether the class-action 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 similar class action lawsuits against those departments.

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.

“Black workers deserve more than recognition of past harms — they deserve real change,” he said.

Source: Court denies certification of $2.5-billion Black civil servants class action lawsuit