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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.
Local Spotlight
Twin Alberta Ballet dancers retire after 15 years with company
Alberta Ballet's double-bill production of 'Der Wolf' and 'The Rite of Spring' marks not only its final show of the season, but the last production for twin sisters Alexandra and Jennifer Gibson.
B.C. mayor stripped of budget, barred from committees over Indigenous residential schools book
A British Columbia mayor has been censured by city council – stripping him of his travel and lobbying budgets and removing him from city committees – for allegedly distributing a book that questions the history of Indigenous residential schools in Canada.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
Here's how one of Sask.'s largest power plants was knocked out for 73 days, and what it took to fix it
A group of SaskPower workers recently received special recognition at the legislature – for their efforts in repairing one of Saskatchewan's largest power plants after it was knocked offline for months following a serious flood last summer.
Quebec police officer anonymously donates kidney, changes schoolteacher's life
A police officer on Montreal's South Shore anonymously donated a kidney that wound up drastically changing the life of a schoolteacher living on dialysis.
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.
Road closed in Oak Bay, B.C., so elephant seal can cross
Police in Oak Bay, B.C., had to close a stretch of road Sunday to help an elephant seal named Emerson get safely back into the water.
B.C. breweries take home awards at World Beer Cup
Out of more than 9,000 entries from over 2,000 breweries in 50 countries, a handful of B.C. brews landed on the podium at the World Beer Cup this week.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.