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Correctional Service Canada – Racism

Proposed representative plaintiffs, Jennifer Constant and Jennifer Anne Sanderson, have filed a class action lawsuit against their former employer the Correctional Service of Canada (“CSC”). The suit was filed on January 11, 2021. Ms. Constant and Ms. Sanderson filed on behalf of individuals who currently work or formerly worked for or with the CSC. 

Ms. Constant and Ms. Sanderson allege the CSC subjected them and other individuals to systemic racism in the workforce. Specifically, they allege that they and other racialized CSC employees were harassed and discriminated against on the basis of race, national or ethnic origin, colour or religion. Ms. Constant and Ms. Sanderson were subjected to and witnessed racist comments, derogatory remarks and double standards.

Ms. Constant and Ms. Sanderson seek to hold the CSC accountable for failing to ensure the workforce is an environment free of racism. They claim that the Canadian government has violated their Charter rights and breached the duty of care owed to individuals working for or with the CSC. 

If you work or worked for or with the CSC and would like to receive updates about this lawsuit, please complete the following online form here.

You can also find more information about this class action:

Court Documents
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  • Correctional Service Canada – Racism

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Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”

Merlo v. R, 2017 FC 533 at para. 34

“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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