Reflections on the class-action lawsuit by Black civil servants
by Calvin Lawrence
Here’s an essay on the class-action lawsuit by Black civil servants in Canada — its background, legal issues, significance, and implications.
⸻
Introduction
In recent years, a landmark class-action lawsuit brought by Black federal public servants in Canada has brought renewed attention to systemic racism and discrimination within the country’s public service. The suit, commonly called the Black Class Action, alleges that Black civil servants have been chronically under-promoted, under-hired, and marginalized. Though the path to formal legal recognition has encountered obstacles — most notably, a 2025 denial of certification — the case remains deeply significant, both legally and socially. This essay explores the origins, claims, court proceedings, and broader implications of this lawsuit.
⸻
Origins and Claims
Historical Context
The lawsuit was filed in December 2020 under the name Nicholas Marcus Thompson et al. v. His Majesty the King.  The lead plaintiff, Nicholas Marcus Thompson, is a long-time public servant whose advocacy helped galvanize Black federal workers around the country.  The legal action grew out of deep frustration with perceived systemic discrimination in hiring, promotion, and workplace culture that Black public service employees have experienced over decades.
Supporters of the lawsuit say it is the largest discrimination case in Canadian public service history.  The claim seeks not just financial compensation but structural reforms: it demands a representative public service where Black employees are proportionally represented, especially in senior ranks. 
Specific Allegations
Some of the core allegations include:
1. Barriers to Hiring and Promotions: Plaintiffs assert that Black civil servants face unfair obstacles when applying for jobs or promotions. 
2. Underrepresentation in Executive Roles: Statistical data cited by plaintiffs and their supporters suggest that Black employees are disproportionately absent from upper management.  For instance, according to Treasury Board data, while Black workers made up 3.2% of the federal workforce as of 2019, they accounted for only 1.6% of executives. 
3. Hostile Work Environment: The lawsuit also alleges toxic and discriminatory workplace conditions — microaggressions, stereotyping, lack of mentorship, and exclusion from informal networks. 
4. Duty Violations by the Government: Legally, the plaintiffs argue that the federal government breached its duty of care and its responsibilities under the Canadian Charter of Rights and Freedoms by failing to protect Black employees against racial discrimination. 
5. Long-Standing Exclusion Since the 1970s: Significantly, the class-action seeks to cover Black public servants (current and former) dating back to 1970 — the year Canada ratified the UN Convention on the Elimination of All Forms of Racial Discrimination. 
Remedies Sought
The plaintiffs have asked for:
• $2.5 billion in aggregate damages for lost salary, benefits, and pension. 
• The creation of a Black Equity Commission within the public service to oversee hiring, promotions, and retention of Black employees. 
• A Justice and Equity Promotion Plan to proactively promote Black public service workers. 
• Establishment of a mental health fund to support Black public servants, acknowledging the emotional and psychological toll of systemic racism. 
⸻
Legal Proceedings and Certification Denial
Certification Attempt
To proceed, the class action first had to be certified by the Federal Court, meaning the court would agree that the plaintiffs represent a defined “class” of similarly harmed individuals whose claims share common legal and factual issues.
In March 2025, Justice Jocelyne Gagné ruled against certification.  She concluded that the proposed class did not raise sufficiently common issues, and that the lawsuit’s broad scope made it “unfit for a class procedure.”  The judge also noted procedural problems: plaintiffs did not present a detailed enough litigation plan, and she questioned whether the court had clear jurisdiction over all the proposed class members. 
Part of her reasoning also pointed to overlapping class actions already underway in specific federal departments or agencies.  Because these other actions “overlap significantly,” she argued, many of the same people would be covered elsewhere, weakening the justification for a massive, government-wide class. 
Court’s Acknowledgement & Plaintiffs’ Response
Importantly, while Justice Gagné denied certification, her judgment did explicitly acknowledge “the profoundly sad ongoing history of discrimination suffered by Black Canadians” within the public service.  In her ruling, she recognized that plaintiffs had faced real and serious challenges.
The plaintiffs and the Black Class Action Secretariat responded by expressing deep disappointment but also resolve.  In a statement, they emphasized that this legal setback would not end their fight, and they plan to meet with their legal team to determine next steps. 
⸻
Broader Significance
Social and Symbolic Impact
Even though the class action was not certified, the lawsuit has tremendous symbolic and social importance:
• Visibility of Anti-Black Racism: The case has brought anti-Black discrimination in the federal public service into the public eye in a way that internal reports or union grievances alone may not have.
• Policy Pressure: By demanding structural reform (like a Black Equity Commission), the plaintiffs are pushing beyond compensation toward long-term institutional change.
• Union and Public Support: Major public service unions, such as PIPSC (Professional Institute of the Public Service of Canada), have expressed solidarity.  Their support underscores that the issue is not fringe but deeply felt across the federal workforce.
Institutional Accountability
The lawsuit also raises questions about how Canada’s public institutions address racial inequality. The plaintiffs argue that existing mechanisms (such as internal grievances) are insufficient. The court’s refusal to certify the case doesn’t necessarily mean that discrimination isn’t happening; the judge’s decision was procedural, not a full judgment on the merits.
Moreover, the case highlights potential gaps in legal recourse for systemic racial discrimination in employment. Class actions are one tool, but the judge’s ruling suggests challenges when trying to apply them to wide, decades-spanning institutional claims.
Implications for Future Litigation
The denial of class certification may lead plaintiffs to:
1. Refine Their Legal Strategy: They might restructure their legal approach—perhaps break the lawsuit into smaller, department-specific actions or refile with a narrower class definition.
2. Appeal: The plaintiffs could appeal the certification decision to a higher court, arguing that the judge misapplied legal standards for class actions.
3. Seek Non-Litigation Pathways: The Black Class Action Secretariat may elevate advocacy in policy forums, lobby for reform, or negotiate with government leaders for systemic change even without class action certification.
⸻
Criticisms and Challenges
No large class-action lawsuit is without critics or challenges. Some of the notable ones here:
• Legal Complexity: The court raised concerns about the feasibility of administering such a broad class (tens of thousands of current and former Black civil servants from many departments). 
• Alternative Remedies Exist: The government argued (and the court may have accepted) that existing grievance or human rights complaint mechanisms are more appropriate for resolving individual claims, rather than a sweeping class action. 
• Resource Disparities: Plaintiffs face a David-vs-Goliath fight: the government reportedly spent millions defending against the class action. 
• Potential for Fragmentation: Because other class actions already target specific departments (e.g., RCMP, Department of National Defence), the fragmentation of litigation might weaken the overall push for a unified, systemic solution.
⸻
Conclusion
The Black Class Action lawsuit filed by Black federal public servants is a landmark moment in Canada’s ongoing confrontation with systemic racism. While a Federal Court judge denied certification in 2025 — halting the class-action in its proposed form — the importance of the case extends beyond its legal fate. It has shone a spotlight on entrenched inequities in hiring, promotion, and workplace culture, and pushed for institutional reform, not just compensation.
Even without certification, the lawsuit’s legacy may lie in its power to galvanize continued advocacy, influence policy, and hold government institutions accountable — reminding Canada that the fight for equity in its own civil service is far from over.
About the writer
Calvin Lawrence retired in 2006 from the Royal Canadian Mounted Police (RCMP) after twenty-eight years, and eight and half years with Halifax City Police. He was recognized as one of Nova Scotia’s outstanding citizens in Steve Kimber’s book: “More Than Just Folks”, 1998. He is currently a consultant on police-related subjects. He is the author of “Black Cop”.