Adedokun Waliyu 
A new Federal Court decision has approved Amnesty International Canada’s request to participate in court proceedings around the Black Class Action lawsuit.
The decision, dated Feb. 8, ordered that the non-profit’s motion for leave to intervene be granted.
Considering three elements — the usefulness of the intervener’s participation, a genuine interest on the part of the intervener and “a consideration of the interests of justice” including whether intervention would disrupt the proceedings — the decision found that Amnesty Canada had expertise in international law and would provide “helpful assistance” to the court in interpreting Charter issues.
“Amnesty Canada’s interest in this case pertains to its work towards the protection of all human rights in Canada in accordance with international human rights law, and in particular respect to issues of racial justice,” said the decision, signed by Associate Chief Justice Jocelyne Gagné, which detailed that Amnesty Canada previously appeared before several Canadian courts and tribunals regarding matters of international law.
The document outlined that Amnesty Canada would be permitted to make oral arguments at a court hearing as well as to file a 20-page written submission about the case by April 12. The government will then be able to file a similar document responding to the submission by April 26.
“Amnesty Canada is permitted to file treaties, customary international law and international instruments that are authoritative sources of international law,” the court decision stated. “Amnesty Canada is not permitted to supplement the record with additional evidence.”
The class-action lawsuit was filed by thousands of Black public service workers in 2020, alleging that workers had faced decades of employee exclusion and discriminatory hiring practices.
In October 2022, the federal government called for a Federal Court judge to dismiss the uncertified class action seeking $2.5 billion in compensation, arguing workers should pursue other avenues for redress, including filing complaints with the Canadian Human Rights Commission.
Amnesty Canada applied to the court to intervene last summer, with the organization’s counsel noting in a cross-examination a few months later that its participation would be “limited to making legal arguments regarding the defendant’s obligations under international law.”
“Canada’s duty to uphold federal workers’ rights goes beyond the Charter and domestic employment equity legislation,” Ketty Nivyabandi, Secretary General of Amnesty International Canada’s English-speaking section, said in a news release about the decision. “As we will stress to the court, Canada also has clear obligations under international law to promote equity, counter racism and provide an effective remedy when people are subjected to systemic discrimination.”
The court decision stated that the government was the only opponent to the motion, “largely on the basis that the proposed submissions are substantive in nature and not relevant to the procedural issues raised in the certification motion and motion to strike, and on the basis that, in any event, these issues are not governed by international law.”
In a news release, the Black Class Action Secretariat said it welcomed the court’s decision to allow Amnesty International Canada’s intervention in the lawsuit despite the government’s efforts to “vehemently oppose it.”
“This pivotal ruling underscores the necessity of incorporating international human rights perspectives in the fight against systemic discrimination within the federal public service,” a BCAS statement read. “This intervention highlights the national and international importance of our cause and the urgent need to address these injustices.”
The certification hearing is expected to take place after May 3, but BCAS said it called on the government to consent to the certification of the class action instead of “forcing workers to relive decades of trauma.”
“This step is crucial in moving forward toward a fair and just resolution for the affected Black workers,” its statement read. “We urge the government to commit to meaningful actions that address and rectify the discrimination within the public service, thereby restoring trust and integrity in Canada’s federal public service.”
