Feds ask court to dismiss $2.5 billion class-action lawsuit brought on by Black public servants
The federal government is asking a judge to dismiss a proposed class-action lawsuit brought forward by a group of Black public servants, who allege discriminatory practices within the public service.
The plaintiffs, led by the Black Class Action Secretariat, filed their suit against the federal government in December 2021 and are seeking damages of $2.5 billion and a court order to implement a "justice and equity promotional plan." In their statement of claim, they say Black employees have been denied promotions and jobs because of their race and faced harassment and belittlement.
"Black workers are facing a crisis within Canada's public service, and nothing material or tangible is being done about it. And those damages continue today," Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat, told CTV's Your Morning on Wednesday.
Thompson, who works as an officer with the Canada Revenue Agency, alleges in the suit that he has been "repeatedly been denied promotions as a consequence of his race and due to his advocacy on behalf of other Black employees" and says Black employees "remain largely invisible" in the upper ranks of the agency.
"This fight is not just about Black employees being left behind it. It's to ensure that all of the underrepresented groups have an opportunity within Canada's public service based on merit," he said.
The claims against the government have not been tested in court.
But in a notice filed on Monday, the feds say the court doesn't have jurisdiction and argue the plaintiffs should have filed a grievance instead, given that most of employees who would be covered under this class action are unionized and subject to collective agreements with grievance policies.
Last week, the Black Class Action Secretariat, in partnership with Amnesty International Canada, also filed a complaint to the UN, arguing that Canada is in violation of its international treaties in its treatment of Black public servants.
In response to the UN complaint, Treasury Board President Mona Fortier issued a statement saying the federal government is developing a "restorative engagement program" for employees who have suffered harassment and discrimination, as well as reviewing its current system for addressing complaints. Fortier also pointed to commitments made in the 2022 federal budget to create a $3.7-million mental health fund for Black public servants.
"We recognize that many Black employees are frustrated and want to see action to address issues of discrimination. We are listening and taking concrete steps," Fortier said last Thursday.
But Thompson believes the government's attempt to get the lawsuit dismissed flies in the face of Fortier's acknowledgement of discrimination in the federal government workplaces.
"The Treasury Board said very clearly that … Black workers are facing harm, and that they're working to create a diverse and inclusive public service," Thompson told CTV's Your Morning on Wednesday. "Then the government shows up in court and seeks to dismiss Black workers, seeks to deny Black workers that opportunity in court to have justice."
"So, (the government) is saying one thing to the Canadian public that is politically acceptable. And then in court … it has been fighting Black workers in court for the past two years, and it's finally now moving to dismiss the claim," he added.
A spokesperson for the Treasury Board told CTVNews.ca the feds have been working to "eliminate racism and discrimination from our institutions," but said the courts weren't the right place to launch these complaints.
"Eradicating racism, bias, barriers and discrimination, which have taken root over generations, demands relentless effort and systemic change," the Treasury Board said. "This work includes passing legislation, creating support and development programs, and publishing disaggregated data. And we know there is more to do."
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Michael Cohen: A challenging star witness in Donald Trump's hush money trial
He once said he would take a bullet for Donald Trump. Now Michael Cohen is prosecutors' biggest piece of legal ammunition in the former president's hush money trial.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
As Israel pushes deeper into Rafah, Hamas regroups elsewhere in ungoverned Gaza
Israeli forces were battling Palestinian militants across the Gaza Strip on Sunday, including in parts of the devastated north that the military said it had cleared months ago, where Hamas has exploited a security vacuum to regroup.
Thousands of civilians evacuated from northeast Ukraine as Russia presses renewed border assault
Thousands more civilians have fled Russia's renewed ground offensive in Ukraine's northeast that has targeted towns and villages with a barrage of artillery and mortar fire, officials said Sunday.
Feds 'committed to doing more,' but minister offers no timeline for Canadian Disability Benefit boost
Amid significant criticism from advocates, Diversity, Inclusion and Persons with Disabilities Minister Kamal Khera is defending her government's long-promised, newly unveiled Canada Disability Benefit, calling the funds an "initial step," but without laying out a timeline for future expansion of the program.
RCMP boss expresses desire for new law to deal with threats against politicians
RCMP commissioner Mike Duheme says he wants the government to look at drafting a new law that would make it easier for police to pursue charges against people who threaten elected officials.
Local Spotlight
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.