Black Class Action Lawsuit

Black Class Action Lawsuit
Representative plaintiffs (L-R) Michelle Herbert, Nicholas Marcus Thompson and Kathy Samuel
Court	Federal Court of Canada
Full case name	Nicholas Marcus Thompson et al V. Her Majesty the Queen
Citation(s)	T-1458-20 [1]
Court membership
Judge(s) sitting	Associate Chief Justice Jocelyne Gagné
Keywords
Black class action, systemic discrimination, racism, Canada

Nicholas Marcus Thompson Et Al V. Her Majesty The Queen (T-1458-20^[2]) is a landmark case known as the Black Class Action Lawsuit filed with the Federal Court of Canada on December 2, 2020.^[3][4] The $2.5-billion claim filed by both current and former Black public servants seeks damages for "the unjust practice of Black employee exclusion due to systemic discrimination" dating back to the 1970s^[5][6]

Background[]

In June 2020, Canadian Prime Minister Justin Trudeau, acknowledged that systemic discrimination existed in all institutions.^[7] Nicholas Marcus Thompson is a social justice advocate and a union leader in Canada.^[8][9] Mr Thompson is the organiser and lead plaintiff of the Black Class Action lawsuit against the federal government for systemic workplace discrimination against Black Canadians.^[10][11]

Mr Thompson advocated for measures to address anti-Black discrimination at the Canada Revenue Agency. He lobbied the Minister of National Revenue, Dianne Lebouthiller, the Clerk Of the Privy Council Ian Shuggart and Prime Minister Justin Trudeau. Mr Thompson then organized Black workers from various federal public sector institutions including the Canada Revenue Agency, Canadian Human Rights Commission, the Royal Canadian Mounted Police and Public Prosecution Service of Canada and filed the $900 million class-action lawsuit against the entire federal public service.^[12] Former crown attorney Courtney Betty is leading the legal team representing the plaintiffs.^[13]

The Statement of Claim was amended on May 13, 2021. The amended claim proposes an increase in reparations, from $900-million to $2.5-billion, to cover losses in income, opportunities, and pension values and other benefits stemming from a lack of promotion for Black employees within the public service.^[14]

Following the filing of the lawsuit on December 2, 2020, the Clerk of the Privy Council Ian Shuggart issued a call to action on January 22, 2021, on Anti-racism, equity, and inclusion in the Federal Public Service. The Clerk called on public service leaders to appoint, sponsor and support Black workers as well as Indigenous and other underrepresented groups.^[15]

On April 19, 2021, the government pledged in the 2021 budget to make changes to the Public Service Employment Act that aim to promote a more diverse and inclusive workforce. The budget also committed $250 million over five years to collect disaggregated data.^[16]

Following national protests in Canada after the death of George Floyd in the United States and Black Canadians in Canada,^[17] heightened awareness was raised on anti-Black discrimination in Canada.

What the claim seeks[]

The systemic discrimination class action lawsuit asks the federal government to adopt a policy that ensures the number of Black employees is representative of the percentage of Black people in the general population and that they are represented at all levels of employment.^[18][19] The claim further requests that a compensation fund be established, alongside a Black Equity Commission that will serve to implement solutions on addressing institutional discrimination.^[20]

Mental Health Fund[]

On July 9, 2021 the group filed a motion in the Federal Court to order an interim mental health fund of at least $100 million for current and former Black employees who require immediate support for trauma they've faced working in the public service.^[21] Representative plaintiff Nicholas Marcus Thompson said "damages that Black workers have faced and continue to face, it's real and it's ongoing" and that "some of our class members have shared that they've had suicidal attempts. They've thought about ending their life because it has become so challenging, so difficult to show up for work every day."^[22]

In the same month, organizations including the Federation of Black Canadians, Black North Initiative, Black Health Alliance, Taibu Community Health Centre and the Professional Institute of the Public Service of Canada issued a call to action to the Prime Minister of Canada calling for the establishment of a mental health program to address to unique challenges that Black public service workers face due to systemic discrimination.^[21]

On August 31, 2021 leader of the Liberal Party of Canada Justin Trudeau announced if his party is re-elected, the government would set up a fund for Black public servants’ mental health, which is a response to the class-action lawsuit^[23]

Employment Equity Act[]

The statement of claim alleges that the Employment Equity Act violates the Charter of Rights of Black employees and that it has failed to break down the category of “visible minorities,” ignoring the unique racism faced by Black employees.^[24] The plaintiffs are seeking an amendment to the Act to create a separate category for Black workers. Representative Plaintiff Nicholas Marcus Thompson said “one of the most important changes the government can make right now is to amend the Employment Equity Act and create a separate category for Black workers — apart from the ‘visible minority’ category,” which would “allow federal employers, and employers regulated by the federal government, to directedly address underrepresentation issues for Black workers.” ^[25]

On July 14, 2021 the Government of Canada announced the 13-members task force lead by Professor Adelle Blackett, to conduct the most expansive review of the Act since its inception.^[26]

References[]