CBTU Statement on the Dismissal of the Black Class Action Lawsuit

 

It is with pain and deep dejection that the Coalition of Black Trade Unionists (CBTU) in Canada reviews the Federal Court's decision to dismiss the Black Class Action Lawsuit. The Black Class Action Lawsuit was founded by current and former Black employees of 99 federal government departments representing hundreds if not thousands of Black workers in Canada. These workers alleged that they were discriminated against and  kept from promotions because of their race going as far back as the 1970s. They described being qualified enough to replace their non-Black  colleagues in higher job functions when those colleagues were off on leave but not being qualified enough to fill the positions permanently when  the positions became vacant.  In Madam Justice Gagné’s decision which was rendered just over one week before the International Day for the Elimination of Racial Discrimination. The court acknowledged the discrimination that these Black workers  were experiencing while simultaneously choosing to deny these workers the justice that the federal court should provide. 

“[286] The Court does acknowledge the profoundly sad ongoing history of discrimination suffered by Black Canadians, just as it recognizes the fact that each one of the representative Plaintiffs have faced challenges not faced by their non-visible minority colleagues in the federal public service. But unfortunately, that was not the issue that the Court was tasked to assess. Several times during the hearing of these motions, counsel for the Plaintiffs stated that the Court was their last hope to obtain a fair outcome for the prejudice suffered. Although I truly sympathize with the Plaintiffs, and for all the reasons stated above, I respectfully disagree”.

 

It is our view that the decision  serves to reacquaint the affected workers and their  families with the racial gatekeeping that they have become far too familiar with while calling into question whether or not Canada’s courts are there to  serve the interests of Black workers and their families also. CBTU considers racial justice in the workplace a ballot question in the upcoming federal election and we intend to assess candidates before casting our ballots. 

The CBTU further stands in unwavering solidarity with the claimants and the entire Black community. We call for the following:

  1. Compensation and Mental Health Support: We echo the call for the $2.5 billion in compensation for the losses suffered by Black employees. Furthermore, the mental health plan for employees who have experienced racial trauma must be a priority, as it is essential to address the pain, anguish, and distress caused by a lifetime of discrimination. Even this denial will have lasting negative impacts on the Black employees who brought their complaints forward. 
  2. Policy Change for Representation: The federal government must implement the recommendations of the Employment Equity Act review to ensure Black employees are represented at all levels of employment in the public sector. This is an issue of fairness and human dignity, and we will not stop advocating for the necessary changes to ensure that Black Canadians are adequately represented in our nation’s institutions.

This ruling is a grave setback for the fight against Anti-Black racial injustice within Canada's federal workforce and quite frankly to every workplace where Black people work and experience racial discrimination. Black workers have long endured the devastating effects of exclusion, underrepresentation, and discriminatory practices, and this decision undermines the efforts of those advocating for systemic change and equity. The emotional and financial toll that Black workers have suffered cannot and should not be dismissed or minimized, limited or be passed off for others to make decisions.  Combating Anti-Black Racism is everyone's responsibility to dismantle and abolish.

The fight against systemic Anti-Black racism is not over. While this ruling is disheartening, it only strengthens our resolve to continue to demand justice for Black workers and their families. The CBTU Canada remains committed to advocating for the rights of Black employees, and we will continue to press for systemic change in Canadian workplaces and society. The Canadian Government needs better measures to ensure accountability and monitor progress in addressing systemic Anti-Black racism in the workplaces across Canada regardless of the sector. 

The time for action is now—Black workers must no longer be left behind in the struggle for equality especially considering it is our labour that has built the wealth of this nation alongside the many other racialized and indigenous peoples. CBTU is proud that plaintiffs took a stand against Anti-Black racism in the workplace and held the largest employer in the country to account for ongoing systemic racism. This procedural ruling does not negate plaintiffs' experiences or silence our voices as a community. 

The struggle continues

In solidarity 

The Coalition of Black Trade Unionists (CBTU) Canada

March 18, 2025

Latest posts

 

Voir la version française ci-dessous.

 

Honouring Our Past. Advancing Justice. Building Our Future.

On August 1, 2026, the Coalition of Black Trade Unionists (CBTU) Canada proudly joins Black communities, trade unionists, and Canadians across the country in commemorating Emancipation Day. This year carries special significance as CBTU-Canada also celebrates its 30th Anniversary—three decades of advancing racial justice, equity, and dignity for Black workers throughout Canada.

As we celebrate this milestone, we honour those whose struggles made our progress possible while recommitting ourselves to the work that still lies ahead.

Emancipation Day marks the coming into force of the Slavery Abolition Act, which took effect on August 1, 1834, abolishing the legal enslavement of Africans throughout most of the British Empire. While this legislation represented a historic step toward freedom, it did not erase centuries of injustice or their enduring consequences. To the contrary, the Act compensated slaveholders for the loss of their property while peoples of African descent around the world continue to advocate for reparatory justice almost 200 years after the passage of the Act. 

Few Canadians realize that the enslavement of Africans existed on Canadian soil for nearly 200 years before the passage of the Slavery Abolition Act. Enslaved African men, women children and peoples of African descent were bought, sold, inherited, and forced to labour in French and British colonies across the country. Their lives, labour, and humanity were treated as property under Canadian law. The abolition of slavery ended a legal institution, but it did not end the discrimination and inequality that had been built upon it.

For Black Canadians, Emancipation Day is therefore much more than a celebration of freedom. It is an opportunity to reflect honestly upon our history, recognize the extraordinary resilience and courage of our ancestors, honour those who survived unimaginable injustice, and recommit ourselves to addressing the inequalities that continue to be shaped by that history.

This year's Emancipation Day carries even greater international significance.

On March 25, 2026, the United Nations General Assembly adopted a landmark resolution declaring the Trafficking of Enslaved Africans (slavery) a crime against humanity. The resolution passed with 123 Member States voting in favour, three voting against, while Canada abstained.

For many Black Canadians, Canada's decision to abstain was deeply hurtful and cast doubt upon the government’s commitment to reparatory justice for our community.

Canada often speaks proudly of its commitment to human rights, equality, and justice. Yet when presented with an opportunity to stand with the overwhelming majority of the international community in recognizing one of history's greatest crimes against humanity, Canada chose not to support the resolution.

The time for Canada to fully confront its own history is long overdue.

Earlier this year, at the World Economic Forum in Davos, Prime Minister Mark Carney reminded the international community that "the power of the less powerful begins with honesty." He further stated that countries have the capacity to build a future grounded in respect for human rights, solidarity, and justice, and that we must strive to build a world that is "better, stronger, and more just." Those principles speak directly to the purpose of Emancipation Day and to Canada's responsibility to confront the history of the enslavement of Africans within its own soil..

CBTU-Canada demands a formal federal apology acknowledging Canada's role in the trafficking of enslaved Africans (slavery) as an essential first step toward reparatory justice.

An apology alone cannot erase history.

However, an apology can acknowledge historical truth, recognize the dignity of those whose humanity was denied, and demonstrate a national commitment to ensuring that such injustices are neither forgotten nor repeated.

A federal apology should also serve as the beginning—not the end—of a meaningful national conversation about reparatory justice. The United Nations has started such a worldwide consultation process toward reparatory justice as part of the International Second Decade of Peoples of African Decent. Canada should be leading the way not abstaining. As trade unionists, we understand that social progress has never occurred by accident. Every significant advance in human rights has required ordinary people to organize, educate, advocate, and persist.

That understanding has led CBTU-Canada to launch its Campaign for a Federal Apology for Canada's Role in the Trafficking of Enslaved Africans (slavery). 

The campaign calls upon the Government of Canada to formally acknowledge its historical role in the enslavement of Africans, explain its abstention at the United Nations, issue a formal federal apology, and begin a national dialogue on reparatory justice. This campaign is about accepting historical responsibility, honouring truth, and building a Canada that more fully reflects the values of justice, equality, and human dignity that we proudly proclaim.

As CBTU-Canada celebrates thirty years of advocacy for Black workers and communities, we remain inspired by those who came before us and encouraged by the generations who continue this struggle today.

On this Emancipation Day, we remember the lives stolen by slavery.

We honour the resilience of those who survived.

We celebrate the achievements of Black Canadians who continue to shape this nation.

And we recommit ourselves to the unfinished work of justice.

Only by honestly confronting our past can we build a future worthy of the generations yet to come.

Let freedom reign on Emancipation Day.

In solidarity, 

Coalition of Black Trade Unionists (CBTU) Canada
August 1, 2026