Black Class Action Lawsuit concludes second week of hearings with rally and press conference

BY PAUL JUNOR

The Black Class Action lawsuit, which has been ongoing for over four years, entered its second week of hearings, with both sides making key arguments. The Government of Canada has wrapped up its presentation, seeking to have the case dismissed. The lawsuit, seeking $2.5 billion in damages, represents over 50,000 current and former federal public servants who allege widespread discrimination and harassment in federal government workplaces.

The Government of Canada has spent more than $10 million to challenge the lawsuit’s certification, aiming to prevent it from moving forward. At the heart of the case are claims that Black employees within the federal public service, particularly at the Privy Council Office, have faced systemic racial discrimination and harassment. A key piece of evidence in the case is the Privy Council Report, authored by Dr. Zellars, which provides a detailed account of these issues.

On November 4^th, 2024, the Black Class Action Secretariat issued a press release outlining the government’s defense, which included the following arguments:

• Dismissal of the Privy Council Office’s internal audit on discrimination as evidence
• Dismissal of the Senate Report on discrimination within the Canadian Human Rights Commission as evidence
• Disqualification of former Ontario Human Rights Commission Chief Raj Anand’s expert testimony
• Exclusion of several federal agencies—including the RCMP, Canadian Armed Forces, Department of National Defence, and Correctional Services—from the class action based on other ongoing legal actions
• A request for the lawsuit to be thrown out entirely, arguing that employees have alternative grievance options through the Federal Labour Board and Canadian Human Rights Commission

In response to these arguments, Justice Jocelyn Gagné issued several key rulings. The court ruled to admit the Privy Council’s internal audit as evidence, but with a limited scope focused on specific statements made by the Privy Council. However, the court struck the expert affidavit from former OHRC Chief Raj Anand from the record, and also upheld the decision to exclude the Senate report on discrimination at the Canadian Human Rights Commission from the case.

In a statement issued on November 8^th, 2024, Nicholas Marcus Thompson, CEO of the Black Class Action Secretariat, commented on the impact of the evidence revealed in the hearings. “These accounts are disturbing, but not surprising,” Thompson said. “They mirror what we’ve been hearing from Black public service workers for years. Even when Black employees reach executive positions, they are often met with hostile working environments, insubordination from direct reports, and career stagnation.”

Union leaders have also weighed in. Alicia Kang, President of the Union of National Employees, emphasized that the audit and reports are merely the latest in a long line of federal studies confirming the presence of systemic discrimination within the public service. “This is just the tip of the iceberg,” Kang stated. “We’ve heard these stories before, from the Senate report on the Canadian Human Rights Commission to the internal audit of the Privy Council Office.”

Jennifer Carr, President of the Professional Institute for the Public Service of Canada, added, “The government must stop with performative gestures and take real action. The grievance system has failed our Black members. It is not a system where they can find justice.”

On November 14^th, 2024, the Black Class Action Secretariat announced a rally and press conference following the final day of the court hearings. In the email, they reaffirmed the significance of the lawsuit as “the country’s largest, broadest, and most high-profile employment-related discrimination case against the federal government.” The email also noted that the federal government had settled other significant class actions without the lengthy and traumatic legal process seen in this case, referencing settlements for survivors of the “LGBT Purge” and for federal employees in the Canadian Armed Forces who fought against racism.

“The government continues to reinforce harmful stereotypes against Black employees while dragging out this process,” the email concluded. “We urge the government to come to the table and address this injustice.”

As the case moves toward its conclusion, all eyes remain on the court’s next decisions and the potential for systemic change within the federal public service.