A Federal Court judge has denied certification for a $2.5 billion class action lawsuit filed by Black public servants, which alleged systemic racism and discrimination within the federal public service.
In a ruling issued by Justice Jocelyne Gagné, the court determined that the case did not sufficiently meet the requirements for a class action, citing concerns over commonality of claims and jurisdictional limitations.
Filed in 2020, the lawsuit was led by the Black Class Action Secretariat, an advocacy group founded in response to alleged barriers faced by Black employees in federal institutions. The lawsuit sought:
- $2.5 billion in damages for lost salaries and denied promotions.
- Long-term policy reforms to address racial discrimination.
- The establishment of a Black equity commission to oversee systemic change.
Justice Gagné acknowledged the historic and ongoing discrimination faced by Black Canadians but ruled that:
- The claims were too broad to be pursued under a class action structure.
- The litigation plan was inadequate for addressing the complexities of the case.
- Other existing class actions against individual federal departments and agencies overlap with this case, potentially including the same proposed class members.
“The scope of the plaintiffs’ claim simply makes it unfit for a class procedure,” Gagné stated in the ruling.
Nicholas Marcus Thompson, Executive Director of the Black Class Action Secretariat, has reaffirmed the organization’s commitment to seeking justice and advocating for Black public servants. The group continues to push for compensation, policy reforms, and accountability measures to eliminate systemic racism in federal employment.
The dismissal of certification does not prevent individual or alternative legal actions. The Black Class Action Secretariat is reviewing options, including:
- Refiling with a revised legal framework.
- Pursuing targeted class actions against individual government entities.
- Seeking legislative and policy-based remedies through political advocacy.
Despite the setback, Thompson emphasized that the fight for equity, fairness, and representation within Canada’s public service will continue.