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TORONTO, October 28, 2024 - Today’s court proceedings are the latest in a four-year David versus Goliath battle, with Black public service workers attempting to get justice from the Government of Canada for decades of discrimination. The federal government could have agreed to allow this case to proceed as a class-action long ago, just as they have for other discrimination cases. Instead, they have spent more than $8 million in taxpayer dollars trying to get this lawsuit dismissed, all the while claiming to be committed to fighting anti-Black racism.
During today’s proceedings, we will be requesting the Federal court to allow an internal government document to be brought as evidence in this certification hearing. An internal audit of the Privy Council Office revealed blatant and widespread discrimination at the head of the public service through months of interviews with employees. Dr. Rachel Zellers’ report found that racial slurs, microaggressions, and stereotyping were normalized, and white staff were given career advancing opportunities in stark contrast to their Black and racialized counterparts. These findings, which were identified through the government’s own internal audit, were kept secret until they were obtained by us through the Access to Information Act this year. The government tried to keep these findings from the public, and now they are trying to block them from being included as evidence in this case.
This is just the latest federal report to confirm what we have been saying since we launched this lawsuit. Last year, the Treasury Board of Canada Secretariat found systemic anti-black discrimination at the Canadian Human Rights Commission, and the Auditor General’s report concluded that the government has failed to meet its commitments on employment equity.
This is no surprise to us because the government continues to point to commitments it has made to fight anti-Black discrimination as one of the reasons there is no need to settle this lawsuit. But none of those commitments have yet been realized, including last year’s promise to recognize Black people as an employment equity group.
We know the federal reports mentioned are just the tip of the iceberg. The stories we have heard over the last four years are egregious, and what is most disturbing is we continue to hear extremely similar experiences repeated across governmental departments, and from Black workers who were employed decades ago, as well as those working in public sector departments today.
As we head into this certification hearing, we are specifically asking for two things: first is for the government to agree to certification so that we don’t have to continue through this lengthy and expensive court process. Second is for the government to settle this lawsuit, by accepting the offer put forward by the plaintiffs. Forcing Black workers to go through this process when other victims have received settlements, is in itself anti-Black racism.
Black Class Action Secretariat
Media: media@bcas-srcn.org
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