“[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:
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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.
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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
