OttawaThe federal government has spent more than $15 million fighting a proposed class-action lawsuit by Black public servants alleging systemic racism. Advocates and legal experts say the move shows Ottawa’s actions don’t match its messaging on racial equity.Lawsuit launched in 2020 now represents 45,000 current and former Black public servantsCameron Mahler · CBC News · Posted: Nov 03, 2025 6:23 PM EST | Last Updated: 1 hour agoListen to this articleEstimated 3 minutesNicholas Marcus Thompson, president and CEO of the Black Class Action Secretariat, makes his way to the podium for a news conference on Parliament Hill in Ottawa on Oct. 22, 2025. (Adrian Wyld/Canadian Press)The federal government has spent more than $15 million fighting a proposed class-action lawsuit launched by Black public servants.The lawsuit claims systemic racism and discrimination within the service dates back to the 1970s. The Black Class Action Secretariat, the group behind the lawsuit, now represents at least 45,000 current and former Black public servants across 99 government agencies.Nicholas Marcus Thompson, president and CEO of the organization, told CBC News his group was “outraged that the government has spent more money fighting Black workers than trying to fix the problem of systemic discrimination within the public service of Canada.””It is extremely disconcerting that our government would spend this exorbitant amount of money enriching a private law firm to the tune of millions of dollars fighting Black workers when it has settled similar class actions,” Thompson said.The class action, filed in 2020, seeks $2.5 billion in damages for lost wages, pensions and promotions. A Federal Court judge dismissed a motion to certify it earlier this year, saying the case did not sufficiently meet the class-action requirements.The Black Class Action Secretariat is now going through the appeals process.Thompson said the government’s public messaging about racial equity doesn’t match its actions in court. “We remain willing and open to having those conversations with the Government of Canada,” Thompson said. “We call on the government to stop fighting workers that it has harmed … and to adopt a new position on this, which is a reconciliatory position.”Constance Backhouse, a University of Ottawa law professor, says $15 million is a lot for the government to spend to insist it’s not guilty of discrimination. (Ashley Burke/CBC)$15M ‘a lot of money’Constance Backhouse, professor of law at the University of Ottawa, said the government’s legal costs highlight how difficult it is for discrimination claims to move forward.”Fifteen million dollars is a lot of money, and it’s a lot of money to spend insisting that our government is not responsible for race discrimination in our public service,” she said.Backhouse said it’s typical for governments to defend themselves in order to limit payouts, but added that Ottawa likely spent “too much money” on this fight.”Although ultimately they were going to defend themselves by saying, ‘We won, we stalled them.'”She said class actions are “really the main legal tool from which we can obtain justice for victims of racial discrimination.” They also allow people to share costs and avoid the emotional toll and time it takes to file alone, she added.”Unless it’s overturned on appeal, all of these [45,000] people are really thrown to their own mercies,” she said. “They have to decide whether it would be worthwhile pursuing a claim individually. I’m guessing that the large majority will say no.”Backhouse said the court’s decision not to certify the case has wider consequences, and said people may lose out on the “opportunity as a public to learn more about race discrimination in the public service and to learn more about what our obligations are to make good on those damages.”The Treasury Board of Canada Secretariat acknowledged CBC’s request for comment but did not provide comment on the plaintiffs’ concerns, or the amount spent, by deadline. ABOUT THE AUTHORCameron is a journalist with CBC News. He’s worked with CBC Kitchener-Waterloo covering local news, municipal councils, and both the 2025 provincial and federal elections. Cameron also interned with CBC Toronto’s Enterprise Unit, helping to cover elements of the Greenbelt controversy. Contact Cameron with story ideas at cameron.mahler@cbc.ca. Follow Cameron on X @cam_mahlerWith files from The Canadian Press
Black class-action group outraged by government spending $15M to fight case
