Black Action Lawsuit October 28

 

"It is for all the marbles" $23 Billion and climbing

By Stephen Weir

Even though very little news has surfaced in the press about a forthcoming Black Action Lawsuit in Toronto on October 28, that doesn’t mean it isn’t huge. A class action lawsuit has been filed in the Federal Court of Canada on behalf of Black Canadians working for the Public Service of Canada, and it’s for all the marbles—$23 billion worth and growing.

“This lawsuit is seeking long-term solutions to permanently address systemic racism and discrimination in the Public Service of Canada,” explains Toronto lawyer Courtney Betty, the lead counsel for the Black class action lawsuit.

The lawsuit addresses systemic racism in the Public Service of Canada, targeting self-identifying Black individuals who either applied for employment with the Public Service and were denied entry due to their race or those who were employed but denied promotions on the same grounds. This includes current employees as well as those who have worked in the Public Service within the past 52 years. The damages claimed include wrongful failure to promote, intentional infliction of mental suffering, constructive dismissal, wrongful termination, negligence, and violations of employment law, human rights law, and breaches of the Charter of Rights and Freedoms.

The legal proceedings will commence in just over a week at the courthouse located at 180 Queen Street West in Downtown Toronto. The doors open at 9:30 AM, and the trial is expected to run for eight days.

As far as the Union team is concerned, it shouldn’t even have to go to court. According to Courtney Betty, the federal government has already admitted that there has been systemic racism towards Black workers within the civil service. “That admission is right in the court documents filed by the government,” said Mr. Betty.

However, the Liberal government, which has settled with other employee groups that also sued over discrimination issues, has spent almost $8 million fighting this lawsuit. It argues that under the federal labour regime, the issues raised should be resolved by a union grievance process or complaints to the Canadian Human Rights Commission, instead of the courts.

“As we step into mid-October and the final week before the Black Class Action Certification Hearing, I am proud to continue the fight for justice and equality and grateful for the immense show of support from Canadians, from all walks of life, standing with Black Public Service Workers and speaking out against racism in the workplace,” he said.

As the opening day in court approaches, the Black Action workers want to emphasize that this battle isn’t just about money—this is a fight for the validation and dignity of Black Public Service Workers who say they have faced systemic racism and discrimination for far too long.