On January 27, 2026, a federal adjudicator dismissed a racial discrimination complaint against one of Canada's largest government departments, even if taking judicial notice of the existence of anti-Black discrimination as a broader societal issue. Goretti Fukamusenge, a panel of the Federal Public Sector Labour Relations and Employment Board, ruled that Yonita Parkes, who identifies as being of "Afro-South American descent," failed to prove her race played any role when Immigration, Refugees and Citizenship Canada (IRCC) used a non-advertised appointment process to fill a Senior Immigration Officer acting position — a complaint brought under s. 77(1)(b) of the Public Service Employment Act.
Parkes worked in IRCC's Reviews and Interventions Unit, where a Senior Immigration Officer acting position at the PM-04 group and level was filled through a non-advertised process, covering the period April 1, 2021, to March 31, 2023. The appointee had originally been evaluated against essential qualifications in 2011 through an advertised process and placed in a fully assessed pool of qualified candidates.
When that earlier process expired, IRCC extended the appointment rather than running a new competitive process. Training a new SIO takes between 8 and 12 months; the appointee had completed all the training and was described as "a very high producer."
Parkes argued that using a non-advertised process while an open advertised inventory existed was an abuse of authority, and that her...
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