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Canadian Supreme Court Verdict on Sri Lanka’s 2009 Offensive Misrepresented Online
Recent social media posts and certain news reports have falsely claimed that the Supreme Court of Canada overturned a provincial law commemorating the thousands of civilians killed during the 2009 Sri Lankan military offensive and implied the court stated “no genocide” occurred. However, the Supreme Court’s decision actually upheld the Ontario legislation, the Tamil Genocide Education Week Act, dismissing an appeal seeking to invalidate it. The court’s ruling did not address the question of whether genocide took place in Sri Lanka.
A Facebook post, shared by retired Sri Lankan army Major General Chagie Gallage on March 29, 2025, exemplifies this misinformation. The post incorrectly states, “Supreme Court of Canada says No Genocide in Sri Lanka and determined that the Bill 104 Tamil Genocide Education Week Act was not within Jurisdiction Education under Canada’s Constitution.”
This misleading post included a screenshot seemingly from a WhatsApp message linking to the Ontario Centre for Policy Research, identified as a think tank.
Similar inaccurate assertions have circulated across Facebook and been echoed by some local media outlets, including Ceylon Today, The Island Online, and various Sinhala-language news platforms. These reports incorrectly stated that the Canadian court deemed Ontario’s law unconstitutional.
The origin of these false claims traces back to the Supreme Court of Canada’s March 27 dismissal of an appeal against Ontario Bill 104, officially known as the Tamil Genocide Education Week Act.
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Bill 104, enacted in 2021, mandates an annual week in May dedicated to educating Ontarians about the “Tamil genocide and other genocides that have occurred in world history” and promoting awareness.
Vijay Thanigasalam, a Member of Provincial Parliament who sought refuge from Sri Lanka’s protracted civil conflict as a child, sponsored the legislation.
Sri Lanka’s decades-long civil war against Tamil separatists concluded in May 2009. Estimates suggest that over 40,000 individuals, predominantly Tamil civilians, perished in the final months of the conflict due to government forces, allegations consistently refuted by Colombo.
Prior to the Supreme Court’s decision, on March 24, 2025, the British government imposed sanctions on Shavendra Silva, former head of Sri Lanka’s armed forces, alongside Wasantha Karannagoda and Jagath Jayasuriya, both former army commanders. The UK Foreign Office cited their responsibility for “serious human rights abuses and violations” during the war.
The assertions that Canada’s highest court declared no genocide occurred are demonstrably untrue.
Kalana Senaratne, a senior lecturer in law at the University of Peradeniya, clarified in an email dated April 11, “Based on the available material, there is no evidence to show that the Supreme Court of Canada has said anything about a genocide in (Sri Lanka).”
Ruling Misinterpretation
The Supreme Court of Canada’s March 27 judgment validated the Tamil Genocide Education Week Act (TGEWA), affirming a prior September 2024 provincial appeals court ruling which stated the law represented “a valid exercise of Ontario’s powers.”
The appellate court explicitly stated that it was not asked to determine whether a genocide transpired in Sri Lanka.
In their September 5, 2024, statement, the court emphasized, “We are not being asked to decide whether the TGEWA is a wise use of government power. Our decision should not be interpreted as such.”
The court further clarified, “Nor are we being asked to decide if a genocide occurred in Sri Lanka. As the application judge emphasized, this case is not about whether a Tamil genocide occurred.”
The Sri Lankan Canadian Action Coalition, in a statement released on March 28, 2025, acknowledged the Canadian Supreme Court’s decision.
The non-profit organization stated, “As the ruling itself clarifies, the Court was not asked to determine whether a genocide occurred in Sri Lanka.” They also expressed “deep concern” regarding the decision’s potential “broader implications for social cohesion in Ontario and internationally.”
Gehan Gunatilleke, a legal professional specializing in international human rights law and a member of the Human Rights Commission of Sri Lanka, concurred with this interpretation.
In an email to AFP on April 8, he stated, “The (Supreme Court) appears to have dismissed the appeal, so that would mean the previous order of the Court of Appeal and the judgment of the lower court stand.”
He concluded, “This means the Tamil Genocide Week Act is held to be constitutional. The post that the (Supreme Court) made some statement about there being no genocide in Canada is false.”
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