The federal government is challenging a decision made by the Canada Human Rights Commission to have the human rights tribunal perform a full inquiry into issues of systemic racism in the federal public service.
The tribunal received complaints of systemic racism from the Public Service Alliance of Canada (PSAC) after the Canada Human Rights Commission decided to refer this issue to them. This move was celebrated for opening the door to an independent and public investigation. Now that the government is challenging this decision, PSAC is calling out what they say seems to be an attempt to avoid accountability.
“PSAC strongly opposes the government’s move to challenge this decision. Instead of addressing systemic racism in its ranks, the government is spending millions to fight its own Black employees,” said PSAC National President Sharon DeSousa. “It cannot claim to support justice on one hand, while using taxpayer money to silence workers on the other.”
The money spent to launch this legal challenge adds to government spending that has already been criticized by workers and unions calling for an end to systemic racism in the public service. Before this case, the federal government spent more than $15 million dollars by September 2025 to keep the Black Class Action Lawsuit from getting certified. The Black Class Action lawsuit sought compensation and equitable representation for workers who have experienced systemic racism in the public service for generations.
In a statement, PSAC said the union will continue to support Black public service workers in the face of this new court challenge that could lead to years of delay.
As PSAC calls for the government to immediately end these procedural delays to the justice process, the union is also calling for action to implement the recommendations of the task force that reviewed the Employment Equity Act.
In March this year, 20 unions and community organizations came together to launch the National Employment Equity Council. This council is fighting for the government to fulfill its promise to modernize the Employment Equity Act according to the recommendations made by the task force. The new council highlighted that the modernization of the act was promised in the 2024 budget and workers haven’t seen progress for two years.
Members of both PSAC and the National Employment Equity Council have stressed that ensuring fairness in the federal public service is especially important during a time of sweeping job cuts. The systemic racism complaint filed by PSAC alleges Black public servants face barriers to hiring and promotion. As such, Black workers are especially at risk amid the ongoing workforce adjustment.
In a column written for rabble, DeSousa highlighted that now is a time for the government to increase its equity efforts, not let them fall to the wayside. The gains won through the work of the Black Class Action Secretariat and others are now being threatened as austerity measures have motivated the government to try and dodge the commitments it has already made. While the latest court challenge is a blow to Black public servants, PSAC said it will continue to push for justice to be able to move forward.
Editor’s Note: 2026-05-08: This article has been corrected to accurately reflect the creation and composition of the National Employment Equity Council.
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