Nicholas Marcus Thompson Et Al V. His Majesty The King (T-1458-20[2]) is a landmark case known as the Black Class Action filed with the Federal Court of Canada on December 1, 2020.
The amended claim proposes an increase in reparations, from $900-million to $2.5-billion, to cover losses in income, opportunities, and pension values and other benefits stemming from a lack of promotion for Black employees within the public service.
[16] Following the filing of the lawsuit on December 2, 2020, the Clerk of the Privy Council Ian Shuggart issued a call to action on January 22, 2021, on Anti-racism, equity, and inclusion in the Federal Public Service.
[23] On July 9, 2021, the group filed a motion in the Federal Court to order an interim mental health fund of at least $100 million for current and former Black employees who require immediate support for trauma they've faced working in the public service.
[24] On August 31, 2021, leader of the Liberal Party of Canada Justin Trudeau announced if his party is re-elected, the government would set up a fund for Black public servants’ mental health, which is a response to the class-action lawsuit[26] On December 16, 2021, Prime Minister Justin Trudeau turned the campaign promise into government policy by issuing a mandate to the president of the Treasury Board to "Establishing a mental health fund for Black public servants and supporting career advancement, training, sponsorship and educational opportunities"[2] Media reports from December 2022 indicated that this fund was in jeopardy as Black civil servants working on mental health program accused the Treasury Board Secretariat of racism.
[31] On December 11, 2023, the Minister of Labour, Seamus O'Regan Jr. and Professor Blackett announced the release of the Employment Equity Act Review Task Force's final report.
[33] The Treasury Board president Mona Fortier responded to the complaint stating that "the Government of Canada is actively working to address harms and create a diverse and inclusive public service free of discrimination and harassment.
The Government of Canada is seeking to dismiss the federal class action on the grounds that Black workers have redress at the Canadian Human Rights Commission.
[35] Media reports states that the Commission faces a "crisis of confidence" following findings that the body discriminated against its Black and racialized employees and rejected race-based from the Canadian public.