Canada’s Federal Government has filed a court motion calling on a judge to dismiss a class-action lawsuit filed by Black Public Servants, claiming it is outside the court’s jurisdiction.
The proposed class action, launched in December 2020, accuses the Federal Government of systemic racism, discrimination and employee exclusion.
It alleges that since the 1970s, roughly 30,000 Black Public Servants had lost out on “opportunities and benefits afforded to others, based on their race”.
The statement of claim says the lawsuit is seeking damages to compensate Black Federal employees for their mental and economic hardship.
The plaintiffs are also asking for a plan to diversify the Federal labour force and eliminate barriers that employment equity laws have been unable to remove.
The motion filed on behalf of the Federal Government says the court doesn’t have jurisdiction over the case and the claim should instead be pursued through labour grievances.
The motion says that all related claims should fall under either the Federal Public Sector Labour Relations and Employment Board or the Canadian Human Rights Act.
A statement from the Treasury Board of Canada, which oversees the Federal workforce, said the Government was working to create an inclusive and diverse Public Service, but the issues brought forth in the class action shouldn’t be addressed in court.
“There is an existing process to deal with harassment and discrimination in the Public Service,” the statement said.
Executive Director of the Black Class Action Secretariat, the group that filed the suit, Nicholas Marcus Thompson said he was extremely disappointed by the Government’s motion.
“They have acknowledged these harms and now they’re moving to strike the entire claim, to deny workers their day in court,” Mr Thompson (pictured) said.
He disputed the Government’s suggestion that the claims could be dealt with as labour grievances, saying the system was not equipped to address systemic discrimination.
Ottawa, 10 October 2022
