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FOR IMMEDIATE RELEASE
March 13, 2025 – TORONTO
After a 13-day hearing that concluded in November 2024, Justice Jocelyn Gagné of the Federal Court of Canada has ruled in favor of the Government of Canada, denying certification of a class action lawsuit brought forward by plaintiffs representing 45,000 current and former Black public service workers who have faced systemic discrimination in the federal public service.
This ruling is a major disappointment, but it is not the end of our fight for justice. For five years, this has been a David vs. Goliath battle, and while today’s outcome is frustrating, it only strengthens our resolve. As Justice Gagné notes, this ruling should not be mistaken as proof that anti-Black racism does not exist in Canada’s public service:
"The Court does acknowledge the profoundly sad ongoing history of discrimination suffered by Black Canadians, just as it recognizes the fact that each one of the representative Plaintiffs have faced challenges not faced by their non-visible minority colleagues in the federal public service." [Paragraph 286]
Despite this acknowledgment, the government hid behind procedural technicalities rather than addressing the root issue—systemic anti-Black racism within the federal public service. Plaintiffs and class members are feeling the sting of injustice today. Representative Plaintiff Nicholas Marcus Thompson states:
"We put our faith in the courts to recognize the profound harm caused to Black workers over decades. Instead, the government used procedural loopholes to avoid accountability, leaving thousands of Black public service workers betrayed and still fighting for justice.”
Systemic anti-Black racism has long been recognized by the federal government and evidenced by multiple government-commissioned reports, including:
A Senate Committee Report exposing racial discrimination at the Canadian Human Rights Commission (CHRC).
An internal report that found widespread discrimination against Black employees at the Privy Council Office.
A government-funded report commissioned by the Black Executives Network, released just days after the certification hearing began, which detailed a deeply hostile work environment for Black leaders, including threats, abuse, cruelty, subjugation, insubordination, baseless complaints, and relentless harassment. This 76-page document was not considered by the court due to its late submission.
The Court’s decision is based on the Government’s procedural tactics to prevent certification on the merits of the case. While the government has consented to the certification of other discrimination-related class actions, it deliberately chose to use every legal mechanism available to deny Black workers the opportunity for redress. We stand with all Canadians in our commitment to making Canada a beacon of equality and justice for the world.
The Fight is Not Over
While today’s ruling is a setback, we remain steadfast in our pursuit of justice. The representative plaintiffs will be meeting with the legal team to determine the next steps and will have more to say soon.
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