PIPSC is deeply disappointed by Justice Jocelyne Gagné's decision to dismiss the motion to certify the Black Class Action lawsuit against the federal government. This landmark case, which sought to address decades of systemic discrimination against Black public servants, represented a critical opportunity to acknowledge historical wrongs and create meaningful change within our institutions.
The Federal Court's reasoning that the case "did not sufficiently meet the class action requirement" and that its scope "makes it unfit for a class procedure" fails to recognize the shared experiences of discrimination that have affected countless Black public servants. While the court acknowledges the "profoundly sad ongoing history of discrimination suffered by Black Canadians," this acknowledgment rings hollow without corresponding action.
“Systemic racism requires systemic solutions," said Din I. Kamaldin of the PIPSC Black Caucus. “By dismissing this class action, the court has placed additional barriers in the path of those seeking redress for decades of discrimination.”
"We stand in unwavering solidarity with the Black Class Action Secretariat and our Black members," said Sean O'Reilly, President of PIPSC. "This decision is not the end of the fight but rather a moment that strengthens our resolve to pursue justice through all available channels."
PIPSC calls on the federal government to demonstrate genuine commitment to addressing systemic racism by engaging directly with the Black Class Action Secretariat and implementing the changes they have proposed, including:
- Creation of a Black Equity Commission to investigate challenges, implement solutions, and hold government entities accountable for discrimination.
- A compensation fund to address psychological trauma and financial losses suffered by Black public servants over the past 50 years.
- Implementing concrete measures to eliminate barriers to hiring and promotion for Black public servants
The pursuit of justice and equity in our public service must continue, regardless of this setback.
For more information on how to support this ongoing fight for justice, please visit www.blackclassaction.ca.