PSAC is deeply disappointed by the Federal Court's decision to deny certification of the Black Class Action (BCA) lawsuit, which seeks to address decades of systemic racism in the federal public service.  

"The court’s decision is a stark reminder that Black public service workers continue to be denied justice," said Sharon DeSousa, PSAC National President. "The federal government has consistently stonewalled efforts to dismantle systemic racism within its own ranks and undermine the lived experiences of Black public service workers.”  

Despite acknowledging the existence of systemic racism, the Court ruled that it lacks jurisdiction to hear the claim, arguing Black public service workers already have access to existing grievance and complaint mechanisms (for example, under the Federal Public Sector Labour Relations Act (FPSLRA) and the Public Service Employment Act (PSEA). 

The federal government has spent more than $10 million in legal costs to prevent the certification of the Black Class Action lawsuit despite consenting to the certification of other discrimination-related class actions, including the recent settlement of a sweeping sexual misconduct class action at the Department of National Defence.  

This decision highlights the need for systemic change within the federal public. The Black Class Action lawsuit has been a critical litmus test in efforts to eliminate systemic barriers for all workers, including Black, racialized, Indigenous, and underrepresented communities across the public service in Canada. 

PSAC bargaining agent for majority of plaintiffs and class members 

As Canada’s largest federal public service union, PSAC is the certified bargaining agent for the majority of the nearly 1,500 plaintiffs/class members and, remains committed to promoting their access to justice. When Black workers win, workers from all marginalized groups will benefit. 

"We will continue to fight alongside our members to restore justice for decades of mistreatment and discrimination in the federal public service,” said DeSousa.  

PSAC provided financial and legal support to the BCA and our members who remain affected by systemic racism.