Black federal workers file appeal in $ 2.5 billion class action lawsuit against Government of Canada

BY PAUL JUNOR

It has been five years now since the Black Class Action Secretariat launched a lawsuit against the federal government. A lot has occurred since that time. The fact that the proposed lawsuit has not been certified has not deterred Nicolas Marcus Thompson, President and CEO of the Black Class Action Secretariat. On Tuesday, April 22^nd a press release was issued to coincide with a press conference in Ottawa, which indicated that there will be an appeal. It will be to the “Federal Court of Appeal for the Federal Court denied certification of a proposed class action lawsuit against the Government of Canada.”

The press release describes the ongoing fight between the BCAS and the Federal government as a “Five-year David versus Goliath legal battle seeking justice for more than 45,000 current and former Black federal employees who allege they were systematically denied hiring and promotion opportunities due to deeply entrenched anti-Black racism within the federal public service.” It goes back to 1970 up to the present and involves 99 departments and agencies and is the largest employment-related discrimination lawsuit in Canadian history.

“Once again, we’re told to rely on a system that has never protected us. It was built to exclude us and it still does.”

The press release provided background with respect to what has transpired so far. It states, “Following a 13-day hearing, Justice Jocelyne Gangrenated that the case did not meet the procedural threshold for class action certification suggesting Black workers instead pursue existing internal mechanisms for redress.” The reality of anti-Black racism in all aspects of Canadian society has been recognized by even former Prime Minister Justin Trudeau. The fact that Justice Gagne in her written decision, “Acknowledged the historical and ongoing discrimination faced by Black Canadians in the public service,” is a sign that the effects of it need to be explored.

Thompson addressed the media at the Ottawa press conference. He states, “The time for symbolic gestures is over. We have waited long enough. We are not asking for sympathy, but justice from the next Government of Canada.” A statement from an anonymous Black executive with Canada’s federal public service reads, “I am a Black executive in the federal public service. I’ve spent years navigating a system that has tried to silence, deny and erase me. I followed the rules. I filed a grievance after facing racism-my union turned me away. When I was finally heard, it was dismissed without care or consequences. Still, I kept going, believing things would get better at the executive level. It didn’t. It got worse.”

He mentioned that over time racism manifested as more sophisticated: coded feedback, denied opportunities, closed-door decisions. He notes that, “If you use the complaints process, your career is dead.” He elaborates, “The Black Class Action was our last hope, Our only path to systemic change. We waited helplessly for this decision, holding our breath. And when it came, it shattered me-and so many others. Once again, we’re told to rely on a system that has never protected us. It was built to exclude us and it still does. We don’t want special treatment. We want justice. Justice that acknowledges harm and ends the cycle of silence and retaliation.”

There have been several grounds that have been the basis for an appeal. They believed that the court failed to consider significant and material evidence in its division. These include:

• The Employment Equity Taskforce Report
• The Internal Report on anti-Black racism at the Privy Council Office.
• The Treasury Board Secretariat Findings of anti-Black racism and discrimination at the Canadian Human Rights Commission, both against its staff and the Canadian public.
• The Zellers Report on anti-Black racism against Black executives with the public service.
• The expert testimony of Rag Anand, former chief commissioner of the Ontario Human Rights Commission.

In light of the election of Mark Carney as Prime Minister of Canada on Monday, April 28^th, 2025, there are several demands that the Black Class Action Lawsuit is calling on the PM to do. These include:

• Introduce long-overdue amendments to the Employment Equity Act, including the formal recognition of Black workers in an employment group promised since 2023.
• Launch the Black Mental Health Program, promised since 2021.
• Establish an independent Black Equity Commissioner to oversee accountability across departments and agencies.
• Settle the class action lawsuit and provide long-overdue compensation and structural change to the Black workers harmed by Black employee exclusion.

Anyone interested in learning about the press conference by the Black Class Action Secretariat can check website. https://www.cpac.ca/headline-politics/