FOR IMMEDIATE RELEASE
Sri Lankan Canadian Action Coalition Expresses Concerns Over TGEWA Ruling
Ottawa, 28th March 2025โ The Sri Lankan Canadian Action Coalition (SLCAC) acknowledges the Supreme Courtโs 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:
โNor 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.โ
Despite the Courtโs 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 TGEWAโs preamble does not explicitly blame Sinhala-Buddhists for the genocide, it does refer to the Sri Lankan stateโs genocidal policies as โSinhala-Buddhist centricโ and claims that the Sri Lankan government โorchestratedโ 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 โeducative.โ The Appeals court decision was โ
[54] In our view, the application judge erred in characterizing the TGEWAโs pith and substance. She failed to keep the characterization and classification of the analysis distinct and to characterize the law with sufficient precision, instead concluding that the Actโs purpose is โeducativeโ and therefore a valid exercise of the education power under s. 93 of the Constitution Act, 1867. โ
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 approachโone that incorporates the perspectives of all affected communitiesโis 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:
https://decisions.scc-csc.ca/scc-csc/scc-l-csc-a/en/item/20924/index.do
https://coadecisions.ontariocourts.ca/coa/coa/en/item/22642/index.do
More Stories
Sri Lankan President Engages in Historic Talks with Global Tamil Forum, Buddhist Monastics
A Pivotal Day at the Appeal Court: Examining the Proceedings on the Tamil Genocide Education Week Act
Open letter to PM: Divisive Imported Diaspora Politics is pitting communities against each other and damaging the Canadian multicultural fabric!