Good morning.

Thank you, Chair, and members of the committee.

My name is Nicholas Marcus Thompson, and I am the president and CEO of the Black Class Action Secretariat, a non-profit organization committed to dismantling systemic barriers within our public services. I also lead the Coalition Against Workplace Discrimination, which unites unions, human rights groups and civil society actors to address workplace inequities across Canada.

My expertise is further informed by my experience as the former president of the Union of Taxation Employees, where I applied the Canada Labour Code to advocate for federal workers in workplace safety and addressing harassment and discrimination.

Thanks again for the opportunity to speak on Bill C-378.

I want to begin by saying that my organization and I support the proposed amendments to the bill to extend the period from three months to two years. While the proposed extension is necessary, focusing solely on this change leaves the complaints process largely ineffective, and I'll explain why, in our view, that is so. Even with an extended time frame, the current framework fails to deliver justice or accountability for victims.

The complaints process focuses on workplace restoration rather than justice for victims. Investigations culminate in recommendations but impose no consequences on individuals responsible for harassment or violence.

There is also limited value for former employees. For former employees, an extended time frame does little to address the lack of meaningful outcomes. Even when complaints are upheld, there are no provisions for compensation, apologies or any form of redress. I could imagine, as a former employee, participating in a process that has no benefit to me at that stage when I've already left the workplace.

Without mechanisms to hold individuals accountable or address the root cause of harassment and violence, systemic discrimination persists, particularly affecting Black, indigenous and racialized workers.

To make the extended time frame meaningful, it must be accompanied by structural changes that address the fundamental flaws in the complaints process.

I propose the following reforms.

First, introduce a referral mechanism for disciplinary action. Investigations that confirm harassment or violence should automatically trigger a referral to a disciplinary body. Employers should be required to impose corrective measures, including retraining or other disciplinary actions to ensure accountability.

Second, provide restorative outcomes for victims. The process should include provisions for financial compensation, public acknowledgement of wrongdoing or apologies, which it doesn't provide at the moment. These measures would reinforce the seriousness of workplace harassment and violence and provide meaningful redress for victims.

Finally, strengthen support for marginalized workers. Specific programs should be developed to address the unique barriers faced by Black, indigenous and racialized employees. This includes culturally relevant training, outreach and tailored assistance to ensure equitable access to the complaint process.

In closing, the proposed extension to two years under Bill C-378 is an important step forward, but it does not address the systemic barriers that make the complaints process ineffective. Without accountability for wrongdoers, restorative outcomes for victims and tailored support for marginalized groups, the process will continue to fail those it is intended to serve.

I urge the committee to not only support this bill but to also take this opportunity to implement broader reforms to the Canada Labour Code to create a framework that delivers justice, accountability and equity in workplaces across Canada.

Thank you for your time and consideration.

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