Feds have spent more than $7.8M fighting class-action filed by Black civil servants

The federal government has already spent more than $7.8 million in its challenge of a proposed class-action lawsuit brought by Black federal public servants. 

It's an amount that Nicholas Marcus Thompson, executive director of the non-profit Black Class Action Secretariat, calls "shocking" and "disgraceful."

"It speaks volumes to the government of Canada's approach," said Thompson, whose organization is leading the legal action that's before the court.  

The lawsuit, which hasn't been certified, was launched in December 2020 and seeks $2.5 billion in compensation for workers dating back to 1970. 

In an interview with Radio-Canada, Thompson criticized contradictions between the federal government's public statements and what's been said in court. 

Prime Minister Justin Trudeau has made statements about the presence of systematic racism. The federal government has also said the Canadian Human Rights Commission discriminated against its own Black and racialized employees.

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Earlier this year, the Treasury Board found that the Canadian Human Rights Commission, the body empowered to investigate complaints of discrimination in federally regulated workplaces, has racially discriminated against its own employees. Nicholas Marcus Thompson, executive director of the Black Class Action Secretariat, says that although anti-Black racism is present at the Commission, the issue is rampant across all federal government employers.

Meanwhile, under cross-examination in April, Mary Anne Stevens, a senior Treasury Board official, claimed she wasn't aware of obstacles faced by Black employees regarding their advancement.  

"It tells us that the government is not serious about combating anti-Black racism," Thompson said. "It's not being honest about it."

The federal government also filed a court motion calling on a judge to dismiss the class-action lawsuit.

According to Justice Minister Arif Virani, the total cost of litigation includes, but is not limited to, legal services to support the preservation of records covering 99 departments and agencies, the certification request, the expungement request, interrogatories as well as various other measures to defend the dispute.

When asked about carrying on with the challenge, Treasury Board President Anita Anand called the area of non-discrimination incredibly important to her.

"We will continue to respond to the questions that are before the tribunal, and at the same time as we do whatever we can on that front," she said, "we will make sure that we are supporting and furthering the interests of a non-discriminatory work environment."

Likely costs will rise

The Public Service Alliance of Canada said it's likely legal costs will only rise as the lawsuit has yet to be certified, with a date set in early May.

Amnesty International Canada has also submitted an application for intervener status in the case, specifying that it wishes to make submissions on Canada's obligations regarding the right to non-discrimination under international law.

Thompson is in Geneva this week and testified to the international community about the experiences of Black federal civil servants. 

He, as well as Amnesty International Canada, are there to participate in the universal periodic review of the United Nations Human Rights Council.

"It is very important that the international community is aware of what is happening in Canada and that Canada is required to respect its human rights obligations," Thompson said.