Question Period Note: Thompson Class Action

What steps is the government taking to address issues related to harassment and systemic discrimination in Government institutions?

• We are firmly committed to fostering a safe, inclusive, and equitable workplace where Black public servants are valued for their contributions and have equal opportunities to succeed.
• This includes taking deliberate and meaningful steps to address racism, discrimination, bias and barriers in the public service, including through our investment in the Action Plan for Black Public Servants, which is providing enhanced support for career development and mental health.
• Complaints related to workplace discrimination, including those raised in the proposed class action, are best addressed, not through the courts, but within the existing recourse mechanisms established by Parliament.
• These exist under the Federal Public Sector Labour Relations Act and the complaints regime of the Canada Labour Code.

Recourse Mechanisms under the Federal Public Sector Labour Relations Act (FPSLRA) and Canada Labour Code
The FPSLRA provides unionized federal employees with access to a grievance process to challenge workplace decisions or behaviours, including those involving discrimination.
Grievances can be referred to adjudication at the Federal Public Sector Labour Relations and Employment Board (FPSLREB), an independent tribunal.
In addition, under Bill C-65, which amended the Canada Labour Code, all federally regulated workplaces, including the federal public service, must follow strict procedures for preventing and addressing harassment and violence. This includes mandatory training, employer investigations, protection of complainant confidentiality, and resolution requirements.

Action Plan for Black Public Servants
The Action Plan for Black Public Servants, announced in Budgets 2022 and 2023, aims to improve mental health and career outcomes for Black public servants through two main pillars:

1. Mental Health Fund: $24.9 million over four years to address anti-Black racism impacts and improve mental health outcomes.
2. Career and Leadership Development Programs: $19.4 million over four years for training, mentorship, and career opportunities.

The Task Force for Black Public Servants at the Office of the Chief Human Resources Officer at TBS coordinates these initiatives. By February 2025, key milestones achieved include:

• Enhanced the Employee Assistance Program at Health Canada that is available to employees in more than 90 departments and agencies by increasing representation of Black mental health professionals from 43 to 100.
• Launched cohorts of the Executive Leadership Development Program – the first 50 Black executives graduated in April 2025 and nominations for the second cohort of 50 Black executives have been solicited with their program to start in September 2025.
• The Aspiring Directors Program to prepare 100 Black public servants for executive roles is under development for launch in 2025-26.
• The Leadership Development Program for Black Supervisors and Managers to help 300 Black public servants develop leadership skills for launch in 2025-26.
• The Second Official Language Training Initiative for Black Public Servants that will provide flexible training options to over 1000 participants annually has launched, including wellness support components.
• Expanding career counselling and coaching for Black public servants, increasing access to one-on-one support for career development from 10 to 100 participants for 2025-2026.

The Task Force uses an evidence-based approach, leveraging data to design programs addressing systemic barriers in career mobility resulting in negative mental health outcomes.
Restorative Engagement Program (REP)
A panel of experts on Restorative Engagement Program provided recommendations to the government on the design of this new program, which were published in March 2024. In light of the current context, TBS continues to develop an approach to potentially advance the program within existing resources and authorities.
OAG Report on Inclusion in the Workplace for Racialized Employees
In January 2024, TBS published its Management Action Plan in response to recommendations made by the Auditor General of Canada in her report on Inclusion in the Workplace for Racialized Employees. TBS offered to support audited organizations in examining existing complaint resolution processes to ensure they specifically address instances of racism in the workplace and identify root causes of disadvantage for racialized employees and will share best practices for harassment prevention identified through these review exercises.
Thompson v. al v. HMK
The most prominent proposed class action case is Thompson et al v. HMK, initiated by the Black Class Action Secretariat on December 2, 2020, and further amended in September 2021. This proposed class action is brought on behalf of current and former Black public servants, as well as any Black individuals who have applied for positions in federal government departments and agencies, dating back to 1970, and “who were denied hiring or promotional opportunities by virtue of their race”. The Plaintiffs seek damages to address systemic racism and discrimination in the Public Service.
The Federal Court of Canada held a certification hearing from October 28 to November 14, 2024, to determine whether the lawsuit met the criteria for class action status. On March 13, 2025, the Court dismissed the proposed claim without leave and denied certification.
The Plaintiffs have filed a Notice of Appeal at the Federal Court of Appeal on April 14, 2025, and
Canada’s Notice of Appearance was served and filed on Thursday, April 17, 2025. Next steps in this case are governed by the Federal Courts Rules.

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