Black public servants allege systemic discrimination in Canadian Federal workplaces

BY PAUL JUNOR

It has been less than two years now since more than 600 Black public servants launched a class-action lawsuit alleging systemic discrimination in federal workplaces.

The Ottawa Citizen reported in an article by Joanne Laucius on March 29^th, 2021, that the lawsuit was filed on December 2^nd, 2020, “Originally claiming $900 million in restitution for about 30,000 Black employees past and present who have worked for the public service since 1970.” The article notes that lawyers for the plaintiffs anticipated that the restitutions be significantly advanced to $2.5 billion. The details released in the statement of claim allege there has been a “De facto practice of Black employee exclusion of the permeation of systemic discrimination through Canada’s institutional structure.”

On December 15^th, 2021, the Public Service Canada Union(PSAC) released information regarding the hearing dates for the certification which will be September 21^st -23^rd, 2022. It can be seen at the website: psacunion.ca. It states, “Federal court judge Jocelyn Gagne rejected the government’s earlier request for a delay. This hearing is a crucial step and will determine if the class action proceedings will continue.”

PSAC is the union to which these former and current Black federal civil servants belong to, and is “supporting this historic legal action and seeking intervener status.” Additional details about the class action lawsuit can be seen at the website: www.blackclassactionlawsuit.com. It states the lawsuit, “Is seeking long-term solutions to permanently address systemic racism and discrimination in the Public Service of Canada.”

Furthermore, the damages that they are seeking restitution for are:

• The wrongful failure to promote
• Intentional infliction of mental suffering
• Constructive dismissal
• Wrongful termination
• Negligence
• Violations of employment law, human rights, and Charter breaches

The website identifies several things that current and former federal civil servants expect. They include: an external reporting system, equitable representation, a Black equity commission, amendment to the self-declaration of “visible minority”, to create a separate category for Black employees, and a formal apology from the Prime Minister.

This apology would be to “Present and past Black employees of the Public Service for the injustices suffered in the past.”

On Wednesday, February 16^th, 2022 a conference motion resulted in the Court ruling that the claims can move forward despite attempts by the government to delay them. On March 26^th, 2022 there will be submissions by the Black Class Action Secretariat to show that the focus is on failure to hire and promote Black workers.