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

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CBTU 30 Years Logo

Greetings, CBTU Family:

November 2025 marks the 30th anniversary of our organization becoming a Chapter of the CBTU, and the beginning of our year of celebration! Please take a moment to read our Special 30th Anniversary Edition Chapter Newsletter, where we have highlighted to accomplishments of several of our dear chapter members.

On behalf of the Chapter's Executive Board, we wish you all safe, happy, and healthy season's greetings and look forward to seeing and celebrating with you at our General Membership Meeting December 16 at 6pm.

Dear CBTU chapter members,

We are 30! This year marks 30 years of being a chapter of the International CBTU. To celebrate our history and the contributions of our members towards the Canadian Labour Movement, past and present, we invite you all to a special CBTU General Membership Meeting on Tuesday, December 16 in the evening. Location TBD and will be included in our newsletter coming out within a week. Yes, of course there will be food, it wouldn't be a proper celebration without it☺️
We look forward to seeing you there!

Dear members and friends of CBTU,


The Ontario Federation of Labour (OFL) is holding its 18th Biennial Convention from November 17 – 21, 2025. We are proud to see so many members of the CBTU have, an continue to, step forward to announce their candidacy for elections for various roles at the convention. It has always been part of our Mission Statement to: “Challenge systemic forms of racism within the Labour Movement itself by: (a) promoting access and opening doors for Black workers and workers of colour within the Labour Movement; (b) promoting the rights of equality seeking groups to the benefit of all workers within Unions; (c) organizing and maximizing our political influence within the Labour Movement; (d) encouraging and supporting the full participation of Black workers and workers of colour in their Unions.”


The CBTU Ontario Canada Chapter was founded in 1995, but its origins began long before, in the 1980’s, when the organization was called the Ontario Coalition of Black Trade Unionists (OCBTU). In 1987, the activism of OCBTU members was instrumental to the attainment of affirmative action seats for racialized workers of the OFL. As a result of the advocacy, the OFL elected its first racialized vice-president to its executive board, Herman Stewart. Since then, several other prominent labour leaders and members of the CBTU have been successfully elected to the OFL.

 

While the CBTU does not endorse any individual candidates regardless of their membership status, we certainly applaud the increased number of candidates that are also members. The CBTU is not a union. We do not hold any delegated seats at the convention. Our membership’s actions are individual and do not represent the CBTU as an organization. We are, however, extremely proud to see our Chapter’s members flourishing in leadership positions across Canada. The CBTU Ontario Canada Chapter’s Executive Board agreed to provide this letter to reaffirm, for all members and friends of our organization, that a lack of endorsement from CBTU for any of our individual members should not be viewed by any delegates to the convention as a lack of support: it is our policy.

 

The CBTU aims to: “Increase union involvement in voter registration, voter education and voter turnout projects to advance policies that are in working-class interests and the interests of the African-Canadian community as a whole such as Black youth unemployment; publicly-funded education; universal health care; employment equity and fair employment practices; consumer protection especially against inflation
on basic necessities; social programs at federal, provincial and municipal levels; a strong social safety-net; community development initiatives and programs along with all other policies adopted by CBTU members through our demographic processes.” We show no favour to any one individual member, and
our organization has made quite clear that we do not provide endorsement of any kind. Rather, we
applaud each and every candidate that comes forward and can successfully push forward the agenda of the CBTU to create a vehicle for advancing the inclusion of workers of African-descent in all spheres ofour society. Thank you, and best wishes to all candidates.

In Solidarity,


The Executive Board, CBTU Ontario Canada Chapter