Correctional Service of Canada Accused of Systemic Racism in Class Action Lawsuit Filed by Officers

A pair of correctional officers allege they and other workers are subjected to systemic racism as employees of the Correctional Service of Canada in a recently proposed class action lawsuit.

Class Action Lawsuit: Racism in All CSC Workplaces

According to the complaint, racism and racist acts are present in all facilities run by the Correctional Service of Canada (CSC). The plaintiffs say the racism is “systemic,” meaning it is woven into CSC’s policies and procedures, resulting in discrimination in the workplace, affecting minority staff members’ day to day experiences, as well as their career trajectories.

History of Racism at CSC

According to the class action lawsuit, the Correctional System of Canada, along with all its predecessor organizations, have engaged in racist acts, policies, and procedures. Indeed, there is a long and documented history of the mistreatment of racialized minority prisoners, points out the complaint, citing reports from 1848 and 1936, as well as from 1971 and 1996; however, racism against CSC employees has remained under the radar until recently.

The proposed CSC systemic racism class action lawsuit points out that, despite an over representation of racialized minorities in Canada’s prisons, the racial make-up of the staff is much less diverse. According to the complaint, nearly 30% of those in federal prison in 2017 and 2018 were Aboriginal adults, but only 3% of the population in Canada are of the same group. Similarly, Black adults accounted for 7.2% of Canada’s prison population in 2018 and 2019, while making up only 3% of the general population in the country.

However, the racial make-up of CSC staff only includes 14.5% of visible minorities and Aboriginal adults, say the plaintiffs. In contrast, these groups make up 24.2% of the population in Canada, alleges the CSC systemic racism class action lawsuit.

Further, minorities are even less visible in leadership positions at the Correctional Service of Canada, points out the complaint. Only 5.2% of executive leadership roles are held by visible minorities, say the plaintiffs, and no racial minority has been named as Commissioner. of the agency since 1978.

Plaintiffs Describe Racist Acts and System 

The plaintiffs are both correctional officers with CSC, and according to the class action lawsuit they’re also members of the First Nations. They say that they have endured hostility beginning at the recruitment stage, along with other barriers throughout their careers stemming from the persistent and systemic racism at the agency.

Specifically, one plaintiff says that she has been asked derogatory questions at work by other CSC staff members, such as asking why she wasn’t drunk or wearing feathers. The plaintiff says that her complaints about other staff members’ racist remarks were ignored or dismissed by CSC management.

The other plaintiff says that, in addition to racist and discriminatory treatment by other CSC staff and management, she was routinely passed over for promotions, despite diligent efforts on her part. She says she watched non-racialized colleagues climb the ranks and, in once instance, even take a position meant for Indigenous CSC staff members.

The plaintiffs say they are not the only CSC staff members to suffer from systemic racism in their workplace. They say that the disproportionate representation of minority populations in Canada’s prisons, compared to correctional officers and other staff, has led to an “us versus them” mentality, affecting all CSC employees.

“The plaintiffs allege that the Crown, the CSC and CSC management and staff were negligent in failing to ensure that they and other Class Members could work in an environment free of racism and that by failing to do so the defendant caused damages to the plaintiffs and Class Members and breached their constitutional rights,” alleges the proposed CSC systematic racism class action lawsuit. “As a result of the institutional racism towards racialized Class Members, the plaintiffs and Class Members have suffered serious infringement of their constitutional rights to equality, as well as serious physical and psychological damages, out-of-pocket expenses and loss of income.”

The plaintiffs propose to represent a Class of “racialized individuals” who are or formerly worked as staff members for the Correctional Service of Canada, specifically under the Corrections and Conditional Release Act. These individuals include peace officers and other staff covered under the Application to Canadian Penitentiary Service Regulations.

The proposed CSC systemic racism class action lawsuit is seeking a myriad of damages on behalf of Class Members, including income losses, medical expenses, and punitive damages, along with the recovery of health care costs incurred by provincial insurers.

Class Action Lawsuits Assert Systemic Racism

The class action lawsuit lodged against Correctional Services of Canada joins another claiming federal minority workers suffer from systemic racism while they work for the Canadian government. In December of 2020, Black federal employees filed a proposed class action lawsuit claiming they had been denied equal access and opportunity due to systemic racism present in more than 50 departments and agencies.

In addition, the RCMP faces a proposed class action lawsuit filed in October of 2020 claiming the police force treats Indigenous civilians differently than non-Indigenous individuals, subjecting them to racial discrimination and harassment.

Have you experienced or seen racism at your place of work? Tell us about it in the comment section below.

The lead plaintiffs and proposed Class Members are represented by David A Klein, Careen Hannouche, and Aden H. Klein of Klein Lawyers LLP.

The CSC Systemic Racism Class Action Lawsuit is Case No. T-89-21-ID 1, in Federal Court of Vancouver, British Columbia, Canada. 

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