Canada’s Supreme Court rejects challenge to Tamil Genocide Education Week Act
The Supreme Court of Canada has dismissed an appeal filed by Sri Lankan groups challenging Bill 104, also known as the Tamil Genocide Education Week Act, reaffirming Ontario’s legislation that paves the way for continued education and commemoration efforts around the Tamil genocide.
The appeal, brought forward by several Sinhalese organisations, sought to overturn the Act, which was passed in 2021 by the Ontario Legislative Assembly. The legislation designates the week of May 18 each year as Tamil Genocide Education Week in Ontario, a time to remember the tens of thousands of Tamil civilians who were massacred during the final stages of the Mullivaikkal genocide in May 2009.
The Supreme Court’s dismissal of the appeal follows a series of failed legal attempts in Ontario courts to strike down the legislation. These efforts were widely condemned by Tamil Canadian organisations and legal experts as a campaign of denial aimed at erasing Tamil suffering and obstructing recognition.
“A major victory for the Tamil people”
Ontario MPP Vijay Thanigasalam, who introduced the legislation in 2019, welcomed the ruling.
“I am pleased the Supreme Court of Canada has dismissed the appeal made by Tamil genocide deniers against Bill 104, Tamil Genocide Education Week Act,” he tweeted.
“This is a major victory for the Tamil people in Canada and across the world and a key step towards healing and education for future generations.”
“I am grateful to Premier Doug Ford, my legislative colleagues, over 60 Tamil organisations, community members, and especially the Tamil youth whose tireless efforts helped defend Bill 104. The Supreme Court of Canada’s historic decision recognises the innocent lives lost and serves as a milestone in the global movement for justice for the Tamil genocide.”
"We would like to extend a heartfelt thank you to the Ontario government lawyers, our legal team, over 60 Tamil Canadian organizations, and the broader Tamil Canadian community for their unwavering support in defending Bill 104," said Rugsha Sivanandan, Executive Director for the National Council of Canadian Tamils.
"We also thank Premier Doug Ford, Associate Minister Vijay Thanigasalam, and all political parties for unanimously passing and defending the bill. The continued targeting of Bill 104 underscores the efforts of Tamil Genocide deniers to silence victims. It is vital that we remain engaged and united in combating Tamil genocide denial and distortion."
Lawyers Adriel Weaver and Geetha Philipupilai from the law firm Goldblattparners who are the interveners in this case on behalf of National Council of Canadian Tamils said,
"As counsel in this case, we are particularly grateful to the late Anton Philip who provided evidence of the Act’s profound significance for Tamil Canadians. Mr. Philip’s evidence that public recognition of the suffering of the Tamil people at the hands of the Sri Lankan state is necessary to promote awareness, community healing from intergenerational trauma, and the prevention of future genocides, was critical to the outcome of the case. As the Ontario Court of Appeal held, this Act not only affirms and commemorates the genocide, in doing so it supports the values of human rights, diversity, and multiculturalism that are integral to Canada’s constitutional fabric.”
Since its passage, Bill 104 has been repeatedly targeted by organisations seeking to undermine Tamil recognition in Canada. Tamil Canadian communities, backed by over 60 organisations, rallied in defence of the Act. Over $100,000 was raised to support legal efforts, and Ontario’s legal community, including prominent Tamil lawyers, played a key role in pushing back against attempts to repeal the legislation.
In previous court rulings, Ontario judges upheld the province’s right to pass the law, firmly rejecting arguments from groups that sought to silence recognition and education on the Tamil genocide. Courts repeatedly noted the legitimacy of the Act’s objectives: to promote education, remembrance, and awareness of genocide and mass atrocity.
A landmark for Tamil genocide recognition
The Supreme Court’s decision marks the final legal obstacle in Canada against Bill 104, securing its place in Ontario’s legislative framework. This legal victory comes at a time when Tamils globally are intensifying calls for international accountability and justice for war crimes and genocide committed by the Sri Lankan state.
In 2022, the Parliament of Canada unanimously adopted a motion to make May 18 as the Tamil Genocide Remembrance Day.