The next step in the Black Class Action, a lawsuit aimed at addressing systemic anti-Black racism in the federal public service, is the certification hearing. This begins on October 28 in Toronto, Ontario, and runs for 8 days.

Led by the Black Class Action Secretariat, the lawsuit seeks justice for Black employees who have faced discriminatory hiring and promotion practices in government roles since 1970.

The hearing marks a critical step in determining whether the case can proceed as a class action. Certification does not assess the merits of the case (i.e. whether the plaintiffs will win or lose) but ensures the lawsuit meets legal criteria to represent a group of people collectively.

PSAC’s ongoing support for the Black Class Action

PSAC continues to provide legal support to the Secretariat to help strengthen the case, including access to our legal team and other resources. Additionally, PSAC contributed $80,000 to support the lawsuit, covering expert witness testimony, campaign video production, and legal fees.

Now that the hearing has been scheduled, our union will provide an additional $120,000 for legal resources and $70,000 for public relations efforts, bringing the total contribution to $270,000.

This funding will help the Black Class Action mount a robust legal case and keep the pressure on the government to implement long-term solutions to permanently address systemic racism and discrimination in the federal public service.

Despite PSAC’s repeated calls to settle the lawsuit and confront decades of anti-Black discrimination, the government has spent millions fighting the case – highlighting its hypocrisy in claiming to tackle racism while denying justice to Black, racialized, and Indigenous workers.

PSAC represents majority of plaintiffs

As Canada’s largest federal public service union, PSAC is the certified bargaining agent for the majority of the nearly 1,500 plaintiffs and remains committed to ensuring the lawsuit’s success. When Black workers win, workers from all marginalized groups will benefit.

Winning the Black Class Action lawsuit will create opportunities not only for Black workers but for racialized, Indigenous, and underrepresented communities across the public service and the country.

PSAC will have representatives at the certification hearing to monitor developments during the hearing process.