{"id":148848,"date":"2025-03-31T16:24:41","date_gmt":"2025-03-31T23:24:41","guid":{"rendered":"https:\/\/www.lankaweb.com\/news\/items\/?p=148848"},"modified":"2025-03-31T16:24:41","modified_gmt":"2025-03-31T23:24:41","slug":"the-supreme-court-does-not-further-inquire-about-tamil-genocide-in-sri-lanka-and-the-bill-104-tamil-genocide-education-week-act-tgewa-is-not-within-provincial-jurisdiction-education-under-canada","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2025\/03\/31\/the-supreme-court-does-not-further-inquire-about-tamil-genocide-in-sri-lanka-and-the-bill-104-tamil-genocide-education-week-act-tgewa-is-not-within-provincial-jurisdiction-education-under-canada\/","title":{"rendered":"The Supreme Court does not further inquire about Tamil genocide in Sri Lanka, and the Bill 104 Tamil Genocide Education Week Act (TGEWA) is not within provincial Jurisdiction Education under Canada\u2019s\u00a0Constitution Act\u00a0s. 93"},"content":{"rendered":"

Ottawa<\/em><\/span><\/h2>\n\n\n
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The Supreme Court does not further inquire about Tamil genocide in Sri Lanka, and the Bill 104 Tamil Genocide Education Week Act (TGEWA) is not within provincial Jurisdiction Education under Canada\u2019s Constitution Act<\/em> s. 93<\/strong><\/p>\n\n\n\n

The Supreme Court of Canada confirmed the Ontario Court of Appeal\u2019s decision, and no further inquiries were required. The decision was released on March 27, 2025.<\/p>\n\n\n\n

Both the Superior Court of Justice and Appeal Court of Ontario have not determined Tamil genocide. Supreme Court of Canada will not further inquire about Tamil genocide as such Appeal court decision will stand. Otherwise No Tamil Genocide in Sri Lanka. <\/p>\n\n\n\n

Tamil terrorist group, LTTE, remained as a Terrorist organization in Canada.<\/p>\n\n\n\n

Dr. Neville Hewage successfully argued against Justice Akbarali\u2019s decision at the Ontario Appeal Court. The Appeal Court of Ontario found that Bill 104 has no educational purposes.<\/p>\n\n\n\n

The Court of Appeal for Ontario delivered its landmark ruling, dismissing Justice Akbarali\u2019s decision of the Ontario Superior Court of Justice regarding Bill 104, the Tamil Genocide Education Week Act (TGEWA).<\/p>\n\n\n\n

The Appeal Court concluded that TGEWA is not within the provincial jurisdiction as outlined in the Constitution Act , 1867, s. 93 Education.<\/p>\n\n\n\n

Paragraph (9) of the decision states [\u2026] we disagree with her (Justice Akbarali\u2019s) characterization of the Act (TGEWA) as educative.\u201d<\/p>\n\n\n\n

Further analysis of the Appeal Court concluded in Paragraph (54): In our view, the application judge erred in characterizing the TGEWA\u2019s pith and substance. She failed to keep the characterization and classification of the analysis distinct and to characterize the law with sufficient precision [instead \u2026].<\/p>\n\n\n\n

Most importantly, in Paragraph 76, the Appeal Court rejected the Ontario Attorney General\u2019s argument. The Court states:  We also reject Ontario\u2019s submission that the dominant purpose of the TGEWA is simply to educate the public about genocide.<\/p>\n\n\n\n

This is a landmark victory for academics and educators in universities, colleges, and school boards.<\/p>\n\n\n\n

Liberation Tigers of Tamil Eelam (LTTE) is a Tamil Terrorist group fighting against Sri Lanka to create a mono-ethnic state in the Northern and Eastern parts of Sri Lanka. Sri Lanka\u2019s military defeated the Tamil terrorist group on May 18, 2009, by eliminating its leader and its senior cadre.<\/p>\n\n\n\n

Since then, all ethnic groups in Sri Lanka have been living in peace and harmony.<\/p>\n\n\n\n

Bill 104 cannot be used for the purpose of education in Ontario. It can be used for self-awareness and commemorative purposes only.<\/p>\n\n\n\n

November 27, 2024
Ottawa. 
<\/p>\n\n\n\n

MP Shaun Chen: Vote Bank Politics<\/strong><\/p>\n\n\n\n

Petition e5058 against Sri Lanka has no legal basis<\/strong><\/p>\n\n\n\n

Scarborough North MP Shaun Chen has presented the e5058 petition to the House of Commons initiated by Nirujan Gnanagunalan from Scarborough, Ontario. The petition requested that Canada should refer Sri Lanka to the International Court of Justice to investigate the alleged Tamil genocide.<\/p>\n\n\n\n

The petition has been submitted to Foreign Affairs Canada. On behalf of Canada, Foreign Affairs reiterated its foreign policy position on Sri Lanka, and Canada confirmed that there was no genocide in Sri Lanka.<\/p>\n\n\n\n

OCPR submitted its position to Hon. Minister Melany Joly, Minister of Foreign Affairs, and argued that MP Chen\u2019s petition had no legal basis and requested no further action. Please read the OCPR submission here.  <\/a><\/p>\n\n\n\n

MP Shaun Chen is involved in vote bank politics to survive. Peace-loving voters in Scarborough North are expected to vote out MP Shaun Chen at the next federal election.<\/p>\n\n\n\n

September 06, 2024
Ottawa<\/p>\n\n\n\n

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Ontario Appeal Court rules Bill 104, the Tamil Genocide Education Week Act<\/em>, not under
Ontario provincial jurisdiction, Education.<\/strong><\/p>\n\n\n\n

Dr. Neville Hewage successfully moved his argument against Attorney General Ontario and Tamil interveners. He argued that Bill 104 has no real educative purpose under s 93 of the Constitution Act<\/em> 1867.<\/p>\n\n\n\n

The Court of Appeal Ontario delivered its landmark ruling dismissing Justice Akbarali\u2019s decision of the Ontario Superior Court of Justice against Bill 104, Tamil Genocide Education Week Act<\/em> (TGEWA<\/em>). The Appeal Court concluded that TGEWA<\/em> is not under the provincial jurisdiction of the Constitution Act<\/em> 1867, s. 93 Education.<\/p>\n\n\n\n

Para (9) of the decision states [\u2026] we disagree with her (Justice Akbarali\u2019s) characterization of the Act<\/em> (TGEWA<\/em>) as educative.\u201d<\/p>\n\n\n\n

Further in Para (35) of the decision,  the Appeal Court says: In brief, we conclude that the application judge mischaracterized the TGEWA <\/em>by describing its pith and substance as educative.\u201d<\/p>\n\n\n\n

Further analysis of the Appeal Court concluded in Para (54): In our view, the application judge erred in characterizing the TGEWA<\/em>\u2019s pith and substance. She failed to keep the characterization and classification of the analysis distinct and to characterize the law with sufficient precision [instead \u2026].<\/p>\n\n\n\n

Most importantly, at Para (76), the Appeal Court rejected the Ontario Attorney General\u2019s Argument. The Court states:  We also reject Ontario\u2019s submission that the dominant purpose of the TGEWA <\/em>is simply to educate the public about genocide.<\/p>\n\n\n\n

This is a landmark victory for academics and educators in universities, colleges, and school boards.<\/p>\n\n\n\n

In conclusion, Bill 104 cannot be used for the purpose of education in Ontario. It can be used for self-awareness and commemorative purposes only.<\/p>\n\n\n\n

August 24, 2024
Ottawa. <\/p>\n\n\n\n

Patrick Brown<\/td>Deception, Manipulation, a failure in public policy
Inability to differentiate foreign interference and foreign relations
<\/strong>Controversial City of Brampton Mayor Patrick Brown is in the spotlight due to his letter to Melany Joly, Minister of Foreign Affairs, Canada.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Mr. Thushara Rodrigo, Sri Lanka consular general in Toronto, sent a letter outlining the negative impacts on the Sri Lankan community installing a Tamil Genocide Monument. Mr. Rodrigo serves Sri Lankan citizens and the diaspora, including Tamils and Sinhalese. Our research found no allegation against him discriminating against Tamils when providing consular services.<\/p>\n\n\n\n

Brown\u2019s letter claimed that Mr. Rodrigo\u2019s letter was a foreign interference.\u201d Ontario Centre for Policy Research (OCPR) respectfully rejects Brown\u2019s assertion.<\/p>\n\n\n\n

Contrary to his claim, our intelligence research team uncovered that Viswanathan Rudrakumaran, Prime Minister of the Transnational Government of Tamil Eelam (TGTE), exiled in the USA, sent a letter to Mayor Brown regarding the Tamil Genocide Monument influencing municipal business.<\/p>\n\n\n\n

Further, C.W. Wigneshwaran, former Chief Minister of Northern Province, Sri Lanka, also sent a letter influencing matters that interested Wigneshwaran and requested strengthening support and collaboration with Brown when conducting municipal business.<\/p>\n\n\n\n

Most importantly, Mr. Brown did not complain about these letters against Viswanathan Rudrakumaran, TGTE, USA, and C. W. Wignehswaran, Sri Lanka, to the Foreign Affairs Canada, RCMP, or CSIS and did not consider them as a foreign interference.\u201d<\/p>\n\n\n\n

Contradiction
<\/strong>Brown\u2019s double-standard policy contradicts the City\u2019s procedure by-law 160-2004. Municipal Act,<\/em> 2001, SO 2001, c. 25 (Municipal Act)<\/em> restricts municipalities\u2019 power. City procedure by-law cannot be used arbitrarily; otherwise, the City\u2019s procedure by-law cannot supersede the Municipal Act<\/em>.<\/p>\n\n\n\n

It is evident that Brown manipulated municipal procedure by-law and engaged in vote-bank politics. Brown\u2019s Tamil Genocide Monument violates the Municipal Act<\/em> and interferes with federal prerogative power in foreign affairs.\u201d<\/p>\n\n\n\n

The Tamil terrorist group Liberation Tigers Tamil Eelam is a banned organization in Canada. The National Council of Canadian Tamils (NCCT) and the Transnational Government of Tamil Eelam (TGTE) are also listed as terrorist organizations under United Nations Security Council resolutions 1373. However, Brown has no objection to their association and does not consider them foreign interference.\u201d<\/p>\n\n\n\n

Under the legislation Canadian Security Intelligence Service Act<\/em> RSC, 1985, c. C-23,<\/p>\n\n\n\n

section 2 (b) defined foreign interference as follows:
Foreign-influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person.\u201d<\/p>\n\n\n\n

Our legal analysis concluded that Mr. Rodrigo\u2019s letter to Brown does not qualify as foreign interference,\u201d but it is merely under foreign relations\u201d or diplomatic relations.\u201d<\/p>\n\n\n\n

Ontario Centre for Policy research (OCPR) sent a letter to Melany Joly clarifying its position regarding Mr. Rodrigo\u2019s letter.<\/p>\n\n\n\n

Letter to Brown from Viswanathan Rudrakumaran, Prime Minister of the Transnational Government of Tamil Eelam (TGTE)<\/a>
Letter to Brown from  C.W. Wigneshwaran, former Chief Minister of Northern Province, Sri Lanka<\/a>
Letter to Brown from Thushara Rodrigo, Consular General Toronto<\/a>
Letter to Melany Joly, Minister of Foreign Affairs, Canada from Brown<\/a>
Letter to Melany Joly from OCPR<\/a><\/p>\n\n\n\n

August 15, 2024
Ottawa. <\/p>\n\n\n\n

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Canada to retain Tamil terrorist group Liberation Tiger of Tamil Eelam (LTTE) as listed terrorist entity<\/strong>  <\/p>\n\n\n\n

Government of Canada to retain the Liberation Tigers of Tamil Eelam (LTTE) along with the World Tamil Movement (WTM) as terrorist entities.<\/p>\n\n\n\n

According to the recent review, Canada maintains that the remnants of the LTTE have an international fundraising and procurement network that still exists. The review of the WTM notes that the group continues to play a facilitating role in the LTTE\u2019s terrorist activities by fundraising on their behalf. This decision taken following a rigorous review process, reaffirms the continued threat posed by these organizations.<\/p>\n\n\n\n

The Government of Canada first listed the LTTE as a terrorist entity under the Criminal Code on 6 April 2006 and it is a statutory requirement to undertake a review every five years. The latest review process concluded in June 2024.<\/p>\n\n\n\n

The continued listing of the LTTE by the Government of Canada is presently the third consecutive ban on the LTTE in recent times, with the extensions on proscription of the LTTE having also taken place in India and the European Union, in addition to the judgement of dismissal by the Proscribed Organizations and Appeal Commission (POAC) in the United Kingdom on the application made for the de-proscription of the LTTE in the UK, this year.<\/p>\n\n\n\n

August 13, 2024
Ottawa<\/p>\n\n\n\n

Court to order to remove any structures related to the Tamil genocide monument in Chinguacousy Park, Brampton<\/strong><\/p>\n\n\n\n

Legal proceedings have been commenced against the City of Brampton\u2019s installation of the proposed Tamil genocide monument. Applicants alleged that the City of Brampton violated their Charter Rights and Freedoms<\/em>, the Constitution Act<\/em> of 1867, and the Ontario Municipal Act<\/em>, 2001.<\/p>\n\n\n\n

The Canadian government has confirmed that there was no Tamil genocide in Sri Lanka. Recently, the Federal court also rejected Prime Minister Justin Trudeau\u2019s statement, stating that there was no Tamil genocide in Sri Lanka.<\/p>\n\n\n\n

The court documents revealed that the National Council of Canadian Tamils (NCCT) is a banned terrorist organization with reference to United Nations Security Council Resolution 1373, associated with the Tamil genocide monument project.<\/p>\n\n\n\n

Sri Lanka successfully eliminated the leader and senior military cadre of the Tamil terrorist group Liberation Tigers of Tamil Eelam. Since then, all Sri Lankans, regardless of their ethnic origin, have lived in peace and harmony.<\/p>\n\n\n\n

Legal experts suggest that the court will declare all activities related to the Tamil Genocide Monument unconstitutional and violate the Ontario Municipal Act. The removal of all structures related to the Tamil Genocide monument is imminent. <\/p>\n\n\n\n

June 25, 2024
Ottawa, Ontario.<\/p>\n\n\n\n

Toronto voters reject Tamil genocide: Trudeau\u2019s liberals lost the Toronto St Paul by-election
Trudeau\u2019s failures in foreign policy were one of the issues on the campaign trail<\/strong><\/p>\n\n\n\n

Conservative candidate Don Stewart has won the long-time federal Liberal stronghold of Toronto-St\u2014Paul\u2019s, a stunning result that raises questions about Prime Minister Justin Trudeau\u2019s future.<\/p>\n\n\n\n

The Liberals\u2019 underperformance in a stronghold like this is a clear indication of the impact of Trudeau\u2019s foreign policy failures. These failures, including a double standard policy, issuing statements on the fake Tamil genocide,<\/strong> inflation, the cost-of-living crisis, high home prices, and surging immigration levels, have significantly contributed to voter discontent.<\/p>\n\n\n\n

June 13, 2024
Ottawa<\/p>\n\n\n\n

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No Tamil genocide in Sri Lanka
<\/strong>Canada\u2019s Federal Court reviewed Trudeau\u2019s statement and rejects Tamil genocide<\/p>\n\n\n\n

An application was brought forward against Canada\u2019s Prime Minister Justin Trudeau for judicial review, challenging his message on Tamil Genocide Remembrance Day, issued on May 18, 2023. The primary intention of this Application is to obtain a legal position regarding the alleged Tamil genocide, whether the prime minister declared or recognized it. Canada\u2019s top court, the Federal Court, stated as follows and rejected Tamil genocide, saying no such declaration or recognition. <\/p>\n\n\n\n

Paragraph 19 of the decision<\/strong> [Prime Minister Trudeau\u2019s] Statement is not a decision or an order that gives rise to a binding obligation, nor is it conduct that affects legal rights, imposes legal obligations or causes prejudicial effects. At its core, the Statement, with reference to the House of Commons motion, encourages Canadians to reflect on the conflict\u201d <\/strong>in Sri Lanka in the broader context of human rights, peace, and democracy generally<\/strong>.\u201d<\/em><\/p>\n\n\n\n

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The federal court also discussed the legal validity of the motion brought by MP Gary Anandasangaree. The court\u2019s position is very clear: Trudeau\u2019s statement and MP Anandasangaree\u2019s motion are non-binding and, therefore, have no legal impact on Canada\u2019s official position<\/strong>. It means no Tamil genocide in Sri Lanka.<\/strong> Judge Janet M. Fuhrer issued her decision on this matter at the Federal Court. <\/p>\n","protected":false},"excerpt":{"rendered":"

Ottawa The Supreme Court does not further inquire about Tamil genocide in Sri Lanka, and the Bill 104 Tamil Genocide Education Week Act (TGEWA) is not within provincial Jurisdiction Education under Canada\u2019s Constitution Act s. 93 The Supreme Court of Canada confirmed the Ontario Court of Appeal\u2019s decision, and no further inquiries were required. The decision was […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-148848","post","type-post","status-publish","format-standard","hentry","category-world"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/148848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=148848"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/148848\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=148848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=148848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=148848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}