For Immediate Release
September, 6 2024

Markham, Canada -Tamil Rights Group (TRG) welcomes yesterday’s unanimous decision by the Ontario Court of Appeal, upholding Bill 104, the Tamil Genocide Education Week Act (TGEWA). This ruling is a significant milestone for Tamil Canadians of all generations, affirming the historic and ongoing struggles of the Tamil community in the face of the atrocities committed by the Sri Lankan regime.

Bill 104 represents a profound piece of legislation for Tamil Canadians, creating a dedicated week to acknowledge, educate, and commemorate the genocide perpetrated against the Tamil people. In doing so, it ensures that the trauma and lived experiences of Tamils in Sri Lanka and around the world are validated, remembered, and protected against denialist narratives.

“Genocide deniers have continually sought to undermine the legitimacy of the Tamil community’s suffering with baseless arguments,” said Navaratnam Srinarayanathas, President of TRG. “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.”

The Ontario Court of Appeal’s ruling dismissed three key claims made by the opposing parties who sought to overturn the earlier Ontario Superior Court decision:

Claim 1: The TGEWA is ultra vires Ontario (beyond the powers of the province)

Court’s Decision: The court concluded that Bill 104’s purpose aligns with Ontario’s legislative powers by promoting human rights, diversity, and multiculturalism. The decision reaffirmed that the TGEWA’s focus is on commemorating and affirming the Tamil-Ontarian community’s experience of the Sri Lankan Civil War, within the framework of Ontario’s values.

“Considering the TGEWA’s intrinsic and extrinsic evidence, as well as its effects, 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,” the court ruled.

Claim 2: The TGEWA breaches Section 2(b) of the Charter (freedom of expression)

Court’s Decision: The court found that the Act does not restrict or penalize any form of expression. The court emphasized that the legislation was not intended to stifle dissent or restrict freedom of speech.

“The Act’s text contains no provisions prohibiting or penalizing the form or content of, or access to, the appellants’ messaging. Nothing in the legislative debates suggests that the Legislature intended for the Act to be used to prohibit dissent,” the court stated.

Claim 3: The TGEWA breaches Section 15(1) of the Charter (equality rights)

Court’s Decision: The court dismissed the claim that Bill 104 discriminates against any particular group, specifically refuting the idea that the Act blames Sinhala-Buddhists collectively for the Sri Lankan government’s genocidal policies.

“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,” the ruling read.

This landmark ruling upholds the principles upon which Bill 104 was created: to honour the Tamil community’s experiences, educate Ontarians about the Tamil Genocide, and combat genocide denialism.

Tamil Rights Group extends its deepest gratitude to MPP Vijay Thanigasalam for his leadership in tabling Bill 104 and guiding it to unanimous approval in the Ontario Legislature. The defence of this vital legislation would not have been possible without the dedication of key Tamil organizations, including the National Council of Canadian Tamils, the Canadian Tamil Academy, the Canadian Tamil Youth Alliance, and TRG’s external counsel, Janani Shanmuganathan.

“We owe a tremendous debt of gratitude to everyone who contributed to the defence of this historic bill,” said Srinarayanathas. “Your tireless efforts have brought us to this defining moment.”

While the Ontario Court of Appeal’s decision marks a historic achievement, TRG remains committed to pursuing justice for the Tamil community beyond this ruling. We will continue leveraging international law to seek the prosecution of the Sri Lankan regime in international courts and advocate for Canada and other countries to close loopholes exploited by genocide deniers.

TRG stands united with Tamil communities in Ontario and worldwide in building upon this ruling to ensure the atrocities of the past are neither forgotten nor repeated.

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For all media enquiries: Katpana Nagendra, General Secretary and Spokesperson | [email protected] | + 1 (778) 870-5824