On Monday, October 28th a historic certification hearing began at the Federal Court to determine whether the Black Class Action lawsuit meets the legal criteria to represent a group of people collectively. Led by the Black Class Action Secretariat, the lawsuit seeks justice for Black workers who have faced discriminatory hiring and promotion practices in federal government roles since 1970.  

Although there have been many attempts to whitewash Canada’s racist history, white supremacy and anti-Black racism are deeply rooted in this country’s history, institutions, and culture.  

The federal government is no exception – including in the Canadian Canadian Human Rights Commission – the very institution which investigates human rights complaints on issues like racism and ethnicity-based discrimination. Unfortunately, while the federal government acknowledges there is systemic anti-Black racism in the public service, they have spent nearly $10 million in taxpayer money fighting Black public service workers and denying them justice.  

Canada’s argument 

The government argued that each instance of discrimination is an isolated event that needs to be independently investigated through separate legal processes. Yet, if anti-Black racism is systemic, each individual’s experiences cannot be discounted as rare, isolated incidents of discrimination, but part of a broader issue in the public service.  

“We are deeply disappointed with the government’s chosen path to delay and deny justice to Black public service workers,” said Sharon DeSousa, PSAC National President. “For the past 3 weeks in court, the government’s lawyers have gaslit Black public service workers and questioned the validity and truth of their lived experiences even though, by their own admission, there is rampant anti-Black racism in the public service.” 

The government’s lawyers repeated racial biases and tropes by implying that the reason Black public service workers weren’t hired or promoted was because they failed to meet the qualifications of the positions – in other words, that they weren’t competent enough. This is despite several reports exposing rampant racial discrimination in the federal government. This racial discrimination starts as high as the Privy Council’s Office, and the government’s own statistics reveal Black workers are disproportionately overlooked for executive and management roles. 

The government spent the court hearing questioning the validity of the government’s own Senate study into anti-Black racism at the CHRC and expert investigative reports, as well as downplaying the lived experiences of the 45,000 individuals who have come forward to be part of the class action. To be frank, it was shameful.  

Plaintiffs’ argument 

For the duration of the hearing, the plaintiffs’ lawyers argued that anti-Black racism is a systemic issue that is present in the entire public service, and that legal avenues outside the courts are unable to properly address these issues. The rampant anti-Black racism in the public service means the plaintiffs of this case cannot rely on the traditional systems to achieve change and justice when those systems themselves are steeped in racism. 

The lawyers questioned the federal government’s commitment to eradicate anti-Black racism. They called out the mirage-like effect of saying all the right things but not backing it up with action. In fact, they are actively working against their own commitments to equity and are denying Black public service workers reparations.  

PSAC remains committed to achieving justice for Black public service workers 

Of the 45,000 individuals who came forward to be part of the class, the Public Service Alliance of Canada is the certified bargaining agent for the largest contingent, and we are committed to ensuring they receive the justice they deserve for the decades of anti-Black racism they faced while working in the federal public service. PSAC is committed to ensuring Black public service workers receive the reparations they deserve, having contributed $270,000 to support the Black Class Action Secretariat with legal fees and public relations efforts. 

We know when Black workers win, workers from all marginalized identities benefit. If they win, the federal government will be forced to address the issue with real, tangible solutions.   

The Federal Court has not yet announced their decision, but we will update our members with any news. We encourage all our members to support the Black Class Action.