Certification of $2.5-billion Black class-action lawsuit against feds denied

OTTAWA — A Federal Court judge has dismissed a motion to certify a proposed class-action lawsuit that was launched by Black public servants in 2020 who alleged there was systemic racism within the public service.

Article content

Article content

Article content

In an “order and reasons” document, Justice Jocelyne Gagne says the case doesn’t sufficiently meet the class-action requirement that the claims raise common enough issues.

Gagne also says the scope of the plaintiffs’ claim “simply makes it unfit for a class procedure.”

Filed in 2020, the class action sought $2.5 billion in damages because of lost salaries and promotions, says the Black Class Action Secretariat, a group created as a result of the lawsuit.

Headed by Nicholas Marcus Thompson, the organization is seeking long-term solutions to address systemic racism and discrimination in the public service, including compensation and the appointment of a Black equity commission.

Article content

Gagne said the court acknowledges the “profoundly sad ongoing history of discrimination suffered by Black Canadians” and that plaintiffs have faced challenges in the public service.

However, she said the plaintiffs didn’t present an adequate litigation plan and that they failed to present a ground for the court to assert jurisdiction over the case.

The document also said that several class actions against individual federal departments and agencies allege racial discrimination, which “overlap significantly with the present action.”

Proposed class members, the judge said, “would therefore be included in the class definition of these other class proceedings.”

RECOMMENDED VIDEO

We apologize, but this video has failed to load.

Try refreshing your browser, or
tap here to see other videos from our team.

Article content