Bill 104 being signed into law in 2021.
The National Council of Canadian Tamils (NCCT) has issued a rebuke of reported efforts to distort the recent decision by the Supreme Court of Canada on Bill 104 – Tamil Genocide Education Week Act, warning that Tamil genocide denialists are “spreading dangerous lies and twisting the facts” in an attempt to undermine the legislation.
On 27 March 2025, the Supreme Court of Canada dismissed an application for leave to appeal from the judgment of the Court of Appeal for Ontario, thereby upholding Bill 104. The decision affirms the province of Ontario’s ability to recognise and educate the public about the Tamil genocide.
“This is an important milestone in the Tamil people’s collective advocacy efforts to combat Tamil Genocide denial and distortion in Canada and internationally,” said the NCCT in a statement.
The group warned against misinformation being circulated following the decision, particularly an article titled “Canada’s Supreme Court Upholds Truth: No Genocide in Sri Lanka”, which falsely claimed that the Supreme Court had rejected the notion of genocide.
“This article incorrectly asserts that the Supreme Court of Canada ‘upheld’ a decision, when in fact, the Court dismissed the application for leave to appeal and chose not to hear the case,” said the NCCT. “To frame the Supreme Court of Canada’s dismissal… as a repudiation of genocide claims is not only legally inaccurate but also dismissive of the efforts to shed light on the suffering endured by Tamil Canadians.”
Bill 104, which formally recognises the Tamil genocide and establishes a week of education in Ontario, has been upheld by three separate courts—the Ontario Superior Court of Justice, the Court of Appeal for Ontario, and now the Supreme Court of Canada.
The NCCT also accused the Sri Lankan state of attempting to interfere in Canadian public discourse. “Sri Lanka’s foreign interference takes place in various ways, including through the use of agents of the government of Sri Lanka and through the use of proxies,” the statement said, calling on Tamil communities to remain vigilant and urging the Canadian government to act.
The full statement can be read below.
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Tamil Genocide Deniers Spread Dangerous Lies and Twisted Facts to Undermine Supreme Court of Canada’s Decision on Bill 104
Tamil Genocide deniers are spreading dangerous lies and twisting the facts to undermine the outcome of the Supreme Court of Canada’s March 27th, 2025 decision on Bill 104 - Tamil Genocide Education Week Act, to continue their Tamil Genocide denial and distortion efforts.
The Supreme Court of Canada’s dismissal of the application for leave to appeal from the judgement of the Court of Appeal for Ontario, in fact, continues to uphold, the Tamil Genocide Education Week Act. By dismissing and refusing to hear the case, the Supreme Court of Canada has allowed the previous rulings of the Ontario Superior Court of Justice and the Court of Appeal for Ontario to stand, thereby affirming the province of Ontario’s ability to recognize and educate the public about the Tamil Genocide. The Supreme Court of Canada’s decision protects the integrity of this legislation and acknowledges the right of provinces to take meaningful steps in genocide awareness and education.
A recent article titled “Canada’s Supreme Court Upholds Truth: No Genocide in Sri Lanka” by Jihan Hameed was published on March 28, 2025. This article incorrectly asserts that the Supreme Court of Canada "upheld" a decision, when in fact, the Court dismissed the application for leave to appeal and chose not to hear the case. This distinction is critical in accurately conveying the legal standing of Bill 104, Tamil Genocide Education Week Act, and the Supreme Court of Canada’s role in adjudicating constitutional matters. The article suggests that this Supreme Court of Canada’s decision invalidates Tamil Genocide Education Week, which is not the case. On the contrary, the dismissal of the application for leave to appeal ensures that Bill 104 remains in effect, standing as an essential initiative in recognizing historical injustices. To frame the Supreme Court of Canada’s dismissal of the application for leave to appeal and choosing not to hear the case as a repudiation of genocide claims is not only legally inaccurate but also dismissive of the efforts to shed light on the suffering endured by Tamil Canadians.
Public discourse on issues as complex as this must be grounded in fact and legal accuracy. Misrepresenting judicial decisions risks distorting the truth and erasing history. The Supreme Court of Canada’s dismissal should be understood for what it is: a recognition of Ontario’s ability to legislate on genocide education and a step forward in the continued work of justice and accountability.
The deliberate and continuous attempts to target Bill 104 through spreading dangerous lies, twisted facts and other means, clearly suggests, that the Tamil Genocide deniers are actively working to silence the victims of the Tamil Genocide.
When Bill 104 passed and received royal assent on May 12, 2021, Tamil Genocide deniers launched a constitutional challenge at the Ontario Superior Court of Justice. On June 28, 2022, Bill 104 was upheld at the Ontario Superior Court of Justice and the constitutional challenge made by the Tamil Genocide deniers was dismissed.
Following this, Tamil Genocide deniers appealed the Ontario Superior Court’s decision, at the Court of Appeal for Ontario. Then on September 5, 2024, again Bil 104 was upheld at the Court of Appeal for Ontario and the constitutional challenge made by the Tamil Genocide deniers was dismissed.
After this, at the Supreme Court of Canada, the Tamil Genocide deniers made an application for leave to appeal from the judgement of the Court of Appeal for Ontario. On March 27, 2025 Bill 104 was upheld by the Supreme Court of Canada’s decision and the application for leave to appeal made by Tamil Genocide deniers was dismissed.
This is an important milestone in the Tamil people’s collective advocacy efforts to combat Tamil Genocide denial and distortion in Canada and internationally. At this time, it is also important to acknowledge the contributions of the school boards in Ontario, for recognizing Tamil Genocide Education Week and embracing Tamil Genocide education in their school curriculum and Tamil Genocide commemoration and memorialization efforts.
Sri Lanka’s foreign interference in Canada and other countries attempts to undermine the advocacy efforts of Tamil diaspora in combatting Tamil Genocide denial and distortion. Sri Lanka’s foreign interference takes place in various ways, including through the use of agents of the government of Sri Lanka and through the use of proxies.
NCCT urges Tamil people to be vigilant and stand united in collective resilience to combat Sri Lanka’s foreign interference in Canada and in other countries, targeting the Tamil diaspora.
NCCT also urges Canada and other countries to take measures to do more to combat Sri Lanka’s foreign interference targeting Tamil Diaspora and send a clear message to the Sri Lankan state.
As Tamil people, it is extremely integral that we maximize our efforts collectively to continue to stay engaged to combat Tamil Genocide denial and distortion in Canada and internationally.
