Ontario Superior Court refuses to dismiss systemic racism lawsuit against government
The Ontario Superior Court of Justice has refused to dismiss a Black female lawyer's human rights lawsuit against the provincial government, leaving open the possibility that employees could sue for harm caused by working in a systemically racist workplace environment and not just for direct discrimination against them personally.
Justice R. Lee Akazaki dismissed the Ontario government's motion to force Jean-Marie Dixon, a suspended senior counsel with the Ministry of the Attorney General, into arbitration over her claims of anti-Black racism and misogynoir in the Crown legal services department.
Dixon's 250-page claim goes beyond alleging she was personally discriminated against. She argues the Ontario public service perpetuates systemic anti-Black racism, racism in general, and white supremacy, and that the "OPS's internal systems and processes, including grievances, controlled by unions and the Crown (not employees), and have been ineffective in addressing anti-Black racism, racial discrimination, racial harassment, racial abuse, and tortious conduct against Black employees."
The court found Ontario failed to provide evidence that Dixon had agreed to a collective agreement requiring that workplace disputes go to arbitration. While the province argued it wouldn't have hired Dixon unless she was party to the agreement with the Association...
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