Update on Appeal Hearing scheduled for 04.12.2023 to repeal Tamil Genocide Education Week Act, 2021
Posted on November 28th, 2023

Sri Lankan Canadian Action Coalition

Why does this matter, you might ask? We have migrated from Sri Lanka to Canada seeking peace, far removed from the divisive politics of our homeland. My aspiration is to coexist and collaborate with my Tamil friends and families in harmony. It’s imperative to acknowledge the suffering endured by all affected by governmental policies or acts of terrorism and to find a middle ground that fosters mutual respect, acknowledges our shared struggles, and promotes reconciliation. This legislation has fractured our community, and it is this division that necessitated a legal challenge. The legal basis of our case is not to dispute the occurrence of a genocide but to question the court on its implications for educators who do not believe a genocide took place and are now compelled to teach it, and whether the province has the authority to label it a Tamil Genocide when the federal government has yet to acknowledge it as such. Who is championing this cause? The Sri Lankan Canadian Action Coalition and the Sri Lanka Canada Association of Brampton have stepped forward to represent our community, engaging the services of Cambridge LLP, one of Canada’s premier constitutional law firms. Our legal team includes the Harvard-educated Dr. Scott Fairly, the seasoned constitutional lawyer Mr. Nicolas Rouleau, and Ms. Joan Jasozi. We are fortified by affidavits from community members and expert testimony from Dr. William Schabas, a leading authority on global genocides, among other experts.

Despite a well-argued case, technicalities allowed the Attorney General to prevail initially. With nearly $300,000 in legal fees already expended, we found ourselves at a crossroads, akin to a patient in surgery requiring further intervention. After community consultation and a generous offer from Cambridge lawyers to reduce their fees, we decided to proceed with the appeal. As we look towards the appeal hearing in Toronto, it’s important to recognize that we have already achieved a moral victory by presenting a robust case that will serve as a reference for future legal challenges. Although we did not secure a judgment to overturn the Act, the dedication and lengths our legal team have gone to highlight the one-sided nature of this issue and underscore the unity within our community for a shared cause. It’s also noteworthy that while the government encourages us to engage with our MPPs for grievances, in an unprecedented move, the Attorney General of Ontario now seeks to counter-sue us for his legal costs. This raises the question: Is this the Canadian way? Are we to be financially penalized for holding our government to account?

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