Friday 1 July 2022



01 July 2022

Gajalakshmi Paramasivam


Tamil Rights Group forwarded to me the decision by   the Ontario Superior Court in relation to Tamil Genocide Education Week (in Province of Ontario) ACT – TGEWA.Sri-Lankan-Canadian-Action-Coalition-et-al.-v.-Attorney-General-of-Ontario.pdf (

To my mind, the Ontario Superior Court is the parallel of the High Court of Northern Province, Sri Lanka.

The points in the judgment that caught my attention are:

(i)            [5] Ontario is home to a large Sri Lankan diaspora, of which the majority are ethnic Tamil Sri Lankans, and the minority are ethnic Sinhalese Sri Lankans.

(ii)          [6] These two applications, which I heard together, are brought by members of Ontario’s Sinhalese diaspora and organizations representing Ontario’s Sinhalese diaspora. Each application seeks a declaration that a statute passed by the Ontario Legislature, the Tamil Genocide Education Week Act, 2021, S.O. 2021, c. 11 (“TGEWA” or “the Act”) is unconstitutional. At the risk of over simplifying the legislation, at this stage, I observe only that it purports to encourage Ontarians to educate themselves about the Tamil genocide and other genocides that have occurred in world history

(iii)        [7] The applicants argue that the TGEWA is unconstitutional……..

(iv)        [8] Ontario argues that it is constitutionally competent to enact the TGEWA and denies any violation of ss. 2(b) or 15 of the Charter. It is supported by party interveners representing organizations and members of Ontario’s Tamil diaspora

What These Reasons are Not About  

(v)          [9] Over the course of these applications, I heard evidence about the Sri Lankan civil war, and specifically, whether or not what occurred amounted to a genocide of Tamils.

(vi)        [10] A finding of genocide at law can neither be made nor excluded based on the record before me. Such a determination, under international criminal law, cannot be made in a two-day application based on a few written affidavits from individuals who were in Sri Lanka during the civil war and evidence from dueling experts. I make no findings about whether there was, or was not, a Tamil genocide in Sri Lanka.

(vii)      [11] In this application, I am not deciding who bears the blame, or who bears more of the blame, for the tremendous suffering and trauma that occurred as a result of the Sri Lankan civil war.

(viii)    [12] Nor am I deciding whether it was wise for the Ontario Legislature to pass the TGEWA. The wisdom of the legislation is a question that belongs solely to the Legislature, and more indirectly, to the voters of the province.

(ix)        [13] The question before me relates only to the constitutionality of the TGEWA. I confine my reasons to that issue only

Brief Conclusion

(x)          For the reasons that follow, I find that the TGEWA is intra vires the province and does not violate the applicants’ ss. 2(b) or 15 Charter rights. As a result, the applications are dismissed.

This in essence means that Ontario’s Tamil Community are confirming their belief that what happened in Sri Lanka to Tamils was Genocide. If this were true, it  means that every Tamil killed in the process of war was of a particular ethnic group which was different to that of the group that the armed men and women who killed belonged to.

Hence, to Ontario Tamils, LTTE were NOT Jaffna Tamils who elected Politicians who were subsequently killed by the LTTE!

This would be true if Indian Tamils got into the minds of LTTE. We call this koodu vittu koodu paivathu கூடு விட்டுக் கூடு பாய்வது commonly known as brain washing! Or brain sharing


A belief based declaration needs to balance from all angles. Genocide is true only if some external force got into the minds of the armed soldiers. They were Sinhalese as well as Tamils. Sinhalese are known to express fears of Indian invasion. They would have ‘seen’ Indians by boat in Tamil civilians. Tamil soldiers led by LTTE were also bought over by Indian politicians such as MGR. If Genocide then   India caused it.

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