Leave to Appeal Case Dismissed by Supreme Court of Canada on Tamil Genocide Education Week Act, 2021

FOR IMMEDIATE RELEASE

Sri Lankan Canadian Action Coalition Expresses Concerns Over TGEWA Ruling

Ottawa, 28^th March 2025– The Sri Lankan Canadian Action Coalition (SLCAC) acknowledges the Supreme Court’s ruling on the Tamil Genocide Education Week Act (TGEWA) but remains deeply concerned about its broader implications for social cohesion in Ontario and beyond.

As the ruling itself clarifies, the Court was not asked to determine whether a genocide occurred in Sri Lanka. As stated in the decision:

“Nor are we being asked to decide if a genocide occurred in Sri Lanka. As the application judge emphasized, this case is not about whether a Tamil genocide occurred. The application judge was not called upon to decide, nor are we, the character of the acts of violence and marginalization that took place in Sri Lanka, who is responsible for them, nor the intent with which they may have been committed. To this end, our discussion of the Sri Lankan conflict is limited to the undisputed facts necessary to understand the historical context underlying the TGEWA.”

Despite the Court’s narrow focus, SLCAC remains concerned that the Act may inadvertently exacerbate ethnic divisions rather than promote healing. One of the key concerns raised by the appellants, including SLCAC, was the potential racial distinctions the Act might imply. While the TGEWA’s preamble does not explicitly blame Sinhala-Buddhists for the genocide, it does refer to the Sri Lankan state’s genocidal policies as “Sinhala-Buddhist centric” and claims that the Sri Lankan government “orchestrated” the genocide. Though the Supreme Court ruled that this language does not constitute an express racial distinction, SLCAC remains concerned that such wording could contribute to further stigmatization of an entire ethnic group, including many within the Sri Lankan-Canadian community.

Furthermore, SLCAC challenges the characterization of the Act as merely “educative.” The Appeals court decision was “

[9]             We agree with the application judge that the TGEWA is intra vires Ontario, but we disagree with her characterization of the Act as “educative”. We conclude that the TGEWA’s dominant purpose is to affirm and commemorate the Tamil-Ontarian community’s experience of the Sri Lankan Civil War and thus promote, within Ontario, the values of human rights, diversity and multiculturalism. Ontario may legislate to recognize the experiences of local communities by way of commemorative days observed solely within the province. This power derives from the provinces’ authority over “local matters” under s. 92(16) of the Constitution Act, 1867.

SLCAC asserts that its dominant intent is to commemorate and affirm the fabricated historical experiences of Tamil-Ontarians. While recognition of past trauma is important, it should not come at the expense of fostering an inclusive dialogue that respects the diverse multicultural fabric of Ontario.

Additionally, there are concerns that the Act could inadvertently marginalize dissenting voices, particularly within the Sinhalese community. Although the Court dismissed the claim that the TGEWA directly silences opposing views, SLCAC remains apprehensive about the potential for the Act to be misused in ways that could discourage open discussion on the complexities of the Sri Lankan conflict.

While the legal decision has been rendered, it does not resolve the deeper challenges of reconciliation and historical understanding. The Tamil-Canadian community continues to seek justice and healing, and SLCAC strongly believes that an inclusive approach—one that incorporates the perspectives of all affected communities—is necessary to achieve lasting unity.

Moving forward, the Sri Lankan Canadian Action Coalition remains committed to advocating for a balanced and inclusive framework for educating about the Sri Lankan Civil War and its aftermath. SLCAC urges policymakers and community leaders to work toward fostering dialogue that promotes understanding rather than division.

We also take this opportunity to thank all those have been very supportive of this journey from all over the world. Special word of thanks to the Sri Lanka Canada Association of Brampton and its members for the commitment and dedication of bringing justice to where it is needed. Thanks to Neville Hewage for his personal efforts.

For further information, please contact:

Sri Lankan Canadian Action Coalition
Email: info@srilankancanadian.ca

Ref:
1. Canada Supreme court 27th March 2025:
https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/20924/index.do

2. Ontario Court of Appeal Decision 5th September 2024:
https://coadecisions.ontariocourts.ca/coa/coa/en/item/22642/index.do

3. Ontario Superior Court of Justice 28th June, 2022:
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc3849/2022onsc3849.html