The Canadian Court of Appeal for Ontario has affirmed the constitutionality of the Tamil Genocide Education Week Act (TGEWA), rejecting an appeal by Sri Lankan groups challenging the law.
(Ottawa, 11 April, 2009. Photo Credit: Ninaivukal)
The Canadian Court of Appeal for Ontario has affirmed the constitutionality of the Tamil Genocide Education Week Act (TGEWA), rejecting an appeal by Sri Lankan groups challenging the law.
The Sri Lankan Canadian Action Coalition appealed a decision from May of 2022, where a lower court similarly found TGEWA constitutional. They claimed the government was acting outside of their powers, and infringed upon freedom of expression and equality rights, suggesting that it was used to suppress dissent regarding the Tamil genocide.
However, the Ontario Court of Appeals rejected their claims and affirmed the constitutionality of TGEWA, ultimately declaring that “TGEWA has no discriminatory impact.”
he court declared,
“We reject Mr. Hewage’s submission that the TGEWA draws an express racial distinction against Sinhala-Buddhists. The impugned portions of the TGEWA’s preamble state that the Sri Lankan government’s allegedly genocidal policies were “Sinhala-Buddhist centric”, not that Sinhala-Buddhists are, as a racial group, collectively responsible for them. Likewise, claiming that the Sri Lankan state “orchestrated” a genocide does not imply that Sinhala-Buddhists are collectively responsible for “executing” the alleged genocide.”
Arguing against the claims that TGEWA was discriminatory, defenders of the Act, including the Attorney General of Ontario and the Tamil Canadian Coalition, maintained that “TGEWA draws no distinction against Sinhala-Buddhists.” They asserted that TGEWA could only be reasonably read as “indicating that the Sri Lankan state is responsible for a genocide.” They further argued that “Sinhala-Buddhists are not complicit just because the Sri Lankan state, during the civil war or currently, is comprised of a Sinhala-Buddhist majority and favored Sinhala-Buddhist interests.”
The Tamil Canadian coalition advocating to uphold TGEWA included the National Council of Canadian Tamils (NCCT), Canadian Tamil Academy, Canadian Tamil Youth Alliance and Tamil Rights Group (TRG). The Sri Lankan Canadian Action Coalition arguing that TGEWA is unconstitutional included the Sri Lankan Canadian Action Coalition, Sri Lanka Canada Association of Brampton, and Sena Munasinghe.
In a statement released by TRG, Navaratnam Srinarayanathas, President of TRG recognized the decision, stating, “Genocide deniers have continually sought to undermine the legitimacy of the Tamil community’s suffering with baseless arguments... Today’s decision is a monumental step toward healing and acknowledging the decades-long marginalization of Tamils. It strengthens our collective resolve to ensure the lessons of the Tamil Genocide are imparted to future generations so that such horrors are never repeated.”
Speaking to Tamil Guardian, Dr. Sri Ranjan, the NCCT chairperson, said, “The dismissal by the Ontario Court of Appeal of the case against Bill 104: Tamil Genocide Education Week sends a strong message to Tamil Genocide deniers. I want to thank all those who helped us in defending Bill 104. It gives Tamil Canadians an opportunity to continue educating about Tamil genocide.”
In May of 2022, the Sri Lankan Canadian Action Coalition previously challenged TGEWA in the Ontario Superior Court of Justice and similarly failed. Justice Akbarali ultimately dismissed their challenge, upholding TGEWA.
TGEW was introduced by MPP Vijay Thanigasalam in April of 2019 and was enacted to recognize the genocide against Tamils in Sri Lanka, establishing 11 to 18 May as a week in which Ontarians “are encouraged to educate themselves about, and to maintain their awareness of, the Tamil genocide and other genocides that have occurred in world history.” 18 May 2009 marked the end of a genocidal campaign conducted by the Sri Lankan forces, which saw tens of thousands of Tamil civilians killed, hospitals repeatedly shelled, summary executions, and rampant sexual violence.
Read the full decision by the Court of Appeals of Ontario here.
