Black federal workers appeal decision to deny certification of class action lawsuit

Nicholas Marcus Thompson is shown in Toronto on Thursday April 29, 2021. Black federal workers who launched a $2.5-billion lawsuit against the federal government have appealed the court's decision to deny it certification. THE CANADIAN PRESS/Frank Gunn

OTTAWA — Black federal workers who launched a $2.5-billion lawsuit against the federal government are appealing the court’s decision to deny it certification.

A Federal Court judge last month dismissed a motion to certify the proposed class action lawsuit launched in 2020 by Black public servants who alleged there was systemic racism in the public service.

In an “order and reasons” document, Justice Jocelyne Gagné says the case did not meet the bar for a class action and the scope of the plaintiffs’ claim “simply makes it unfit for a class procedure.”

Hugh Scher, lawyer for the plaintiffs, says the court has acknowledged the existence of anti-Black racism in the federal public service but has “turned a blind eye” to it.

He says the court and Parliament should address the “system-wide problem” in a way that ensures fairness and equality for Black workers.

Nicholas Marcus Thompson, president and CEO of the Black Class Action Secretariat, is calling on all political parties to explain where they stand on the issue.

He says the next prime minister should amend the Employment Equity Act, launch a Black mental health program, establish an independent Black equity commissioner position, settle the legal action and provide “long-overdue” compensation and structural change to thousands of workers.

“Black workers are the largest racialized group in the federal workforce, yet they remain overrepresented in entry-level positions and underrepresented in leadership,” Thompson said. “Some retire after decades of service without ever receiving a single promotion — even after training the very people who became their managers.

“We’re not asking for sympathy but we’re demanding justice.”

This report by The Canadian Press was first published April 23, 2025.

Catherine Morrison, The Canadian Press