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Tamil Genocide Education Week: A Legal Challenge and the Supreme Court's Response

Published May 18, 2025

YouTube: https://youtu.be/NFr_w04vLf0?si=dXk_TpYNRFVQCNjC

Tamil Genocide Education Week isn’t just a symbolic gesture — it’s now the subject of a major legal precedent affirming Ontario’s commitment to diversity, recognition, and truth-telling. Here’s what you need to know about a legal challenge that reached the Supreme Court of Canada.

Background: What Is Tamil Genocide Education Week?

Each year in May, Tamil communities across Ontario come together to remember the atrocities committed against Tamils in Sri Lanka during the final stages of the civil war. This period of reflection and education culminates on May 18, a date that holds deep historical and emotional significance for many Tamil-Ontarians. This post provides a legal update related to Tamil Genocide Education Week — a recognition established by law in Ontario, and the subject of a recent court challenge that went all the way to the Supreme Court of Canada.

In 2021, the province passed the Tamil Genocide Education Week Act (the “Act”), recognizing the seven-day period leading up to May 18 as a time to reflect on the Tamil genocide and learn about other genocides in history.

The Legal Challenge: Who Opposed the Act and Why

The Act was challenged in court by the Sri Lanka Canada Association of Brampton and a number of other parties. They opposed the Act, arguing that it marginalizes Ontario’s Sinhalese community and violates their Canadian Charter of Rights and Freedoms (“Charter”) rights. The association applied to the Superior Court asking that it find the Act unconstitutional. They argued that the Act went beyond Ontario’s jurisdiction and infringed their Charter rights to free expression and equality (sections 2(b) and 15(1)).

Ontario’s Response and Tamil Community Support

The Attorney General of Ontario responded to the application and argued that the Government of Ontario was within its jurisdiction to pass the Act, and that the Act did not violate the applicants’ Charter rights. Two groups of Tamil organizations — (i) a coalition of the National Council of Canadian Tamils, the Canadian Tamil Academy, and the Canadian Tamil Youth Alliance; and (ii) the Tamil Rights Group — intervened in the court hearing, supporting the Act. The Attorney General and the interveners collectively claimed the Act is a valid exercise of provincial power that promotes the equality of Tamil-Ontarians, who have suffered from intergenerational trauma and stigma in the wake of the war.

The Court Decisions: What Did the Judges Say?

On June 28, 2022, the application judge upheld the Act, finding that it had an “educative” purpose that fit within Ontario’s constitutional powers and did not violate the applicants’ Charter rights.

Decision: Sri Lankan Canadian Action Coalition v. Ontario (Attorney General), 2022 ONSC 1675 (CanLII)

The applicants appealed the decision to the Court of Appeal for Ontario. They argued that the judge mischaracterized the Act’s purpose, which in their view was to declare a genocide — a matter they claimed was solely within Federal authority.

In September 2024, the appeal was dismissed. However, the higher court’s reasoning differed slightly. While agreeing with the lower court that the Act is within Ontario's jurisdiction, the Court of Appeal did not see the Act as merely "educative." Instead, it concluded that the Act’s main purpose is to commemorate the Tamil-Ontarian community’s experience and promote human rights, diversity, and multiculturalism in Ontario. The court also agreed that the Act does not violate the appellants’ rights to free expression or equality, as it does not suppress expression or make adverse distinctions. The court stated the Act attributes responsibility for the genocide to the Sri Lankan state, not the Sinhalese community, and anyone misusing it to marginalize Sinhalese Ontarians is doing so incorrectly.

Decision: Sri Lankan Canadian Action Coalition v. Ontario (Attorney General), 2024 ONCA 657 (CanLII)

What the Supreme Court Said

The Sri Lanka Canada Association of Brampton then applied to the Supreme Court of Canada for leave to appeal. This step is often misunderstood — unlike lower courts, the Supreme Court doesn’t automatically hear every case. In most matters, you have to apply for leave to appeal, or in other words, ask for permission to hear the appeal, and the Court only grants that if it finds the issue to be of national public importance, under Supreme Court Act, RSC 1985, c. S-26, s. 40(1).

On March 21, 2025, the Supreme Court of Canada refused leave to appeal. This means the lower court’s finding — in this case, the Ontario Court of Appeal’s decision — stands as is.

Decisions:

Why This Ruling Matters

Tamil Genocide Education Week will continue to be recognized in Ontario.

Need Legal Support?

If you have legal questions or need guidance on where to begin, we’re here to help.

Disclaimer

This post is for informational purposes only and does not constitute legal advice.

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