BY SIMONE J. SMITH
“Canada has a historic opportunity to heal the wounds of history – and to achieve positive change that benefits not just the Black community, but every Canadian. Bold and courageous change –in policy, legislation, research, and investment — requires leadership, vision and action.” The Right Honourable Michaëlle Jean
Over the years, there have been discussions and reports highlighting instances of systemic discrimination and inequities within various sectors, including but not limited to law enforcement, education, healthcare, and employment.
The Truth and Reconciliation Commission of Canada, for example, focused on the history and legacy of the country’s residential school system, which had a significant impact on Indigenous peoples and communities. This Commission’s work aimed to acknowledge and address the systemic discrimination that Indigenous peoples faced for generations.
Similarly, discussions around systemic racism and discrimination against Black, Indigenous, and other marginalized communities have gained attention in Canada. There have been instances of racially biased policing, employment disparities, and unequal access to services and opportunities.
Her Excellency The Right Honourable Michaëlle Jean, 27th Governor General of Canada, and the Michaëlle Jean Foundation have called on the Government of Canada to settle the class action lawsuit brought by past and present public service employees.
The class action lawsuit is a landmark case filed against the entire Federal Public Service of Canada for failing to hire and promote Black Canadians on account of their race. The legal action is seeking compensation for decades of damages, a mental health fund, a diversity plan, and changes to the Employment Equity Act to recognize the unique exclusion of Black Canadians in employment. Canada has acknowledged that systemic discrimination exists in all of its institutions, even at the Canadian Human Rights Commission.
“The Michaëlle Jean Foundation gives its unwavering support for the legal action taken on behalf of past and present federal public service workers who identify as Black, Caribbean or of African descent. We stand in solidarity with the Black Class Action Secretariat in pursuing equity and participation in the workplace, against all forms of racial discrimination. We call on Canada to settle this lawsuit and address the harm caused to Black Canadians, namely recognizing Black Canadians as a separate designated group under the Employment Equity Act,” she expressed in an open statement.
“Black workers are disproportionately impacted by policies and practices that create systemic barriers to their hiring, promotion and advancement, leading to the gross under-representation of Black workers at senior levels.
Black public service workers encounter high levels of racial trauma often manifested in anxiety, shame, loss of confidence and dignity, financial loss and even suicidal ideation. These damages include the wrongful failure to promote, intentional infliction of mental suffering, constructive dismissal, wrongful termination, negligence, and in particular, violations of employment law, human rights law and Charter breaches.
As a result of systemic discrimination, the measures put in place by Canada have failed to redress these harms and have instead perpetuated and exacerbated the systemic inequalities and racism faced by Black Canadians, particularly in the hiring and promotion practices within the PSC. Consequently, this has increased systemic racism in a way that has deprived Black employees of opportunities and benefits afforded to others based on their race, despite their merit and willingness to contribute to Canadian society through public service.”
“We welcome this timely intervention by Her Excellency The Right Honourable Michaëlle Jean,” states Nicholas Marcus Thompson, Executive Director of the Black Class Action Secretariat. “Canada has publicly agreed to create a mental health program to address racial trauma caused by systemic anti-Black discrimination, in Court it denies that the discrimination exists. Canada’s human rights violations against Black Canadians must come to an end. We call on the Minister of Justice and Attorney General Arif Virani and the President of the Treasury Board Anita Anand to come to the table with the parties and work together to right these historic and ongoing injustices.”
In a final note The Right Honourable Michaëlle Jean calls on the government of Canada, “We call on Canada to resolve this lawsuit and address the harm caused to Black Canadians, namely recognizing Black Canadians as a separate designated group under the Employment Equity Act.”
Time to acknowledge!
Time to change!
Time to act!