Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41520
Neville Hewage v. Attorney General of Ontario
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-03-28 | Close file on Leave | |
| 2025-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-27 | Judgment on leave sent to the parties | |
| 2025-03-27 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C70919 and C70970, 2024 ONCA 657, dated September 5, 2024, is dismissed. Dismissed |
|
| 2025-03-27 |
Decision on motion to extend time, See judgment on application Granted |
|
| 2025-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-24 | Submission of motion to extend time, for consideration by the Court | |
| 2024-12-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-17 | Neville Hewage |
| 2024-12-16 | Motion to extend time, (Book Form), Completed on: 2024-12-17 | Neville Hewage |
| 2024-11-27 | Certificate (on limitations to public access), (Printed version filed on 2024-11-27) | Attorney General of Ontario |
| 2024-11-27 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Proof of service for the interveners (rec'd 2024-11-27), Completed on: 2024-11-28, (Printed version filed on 2024-11-27) |
Attorney General of Ontario |
| 2024-10-31 | Letter advising parties of an incomplete application for leave to appeal, File open | |
| 2024-10-28 |
Certificate (on limitations to public access), Form 23A Need to be amended, (Electronic version filed on 2024-10-29) |
Neville Hewage |
| 2024-10-28 |
Application for leave to appeal, (Book Form), Missing: -Amended style of cause on covers pages / notice of application (rec'd 2024-11-12) -Amended notice of application indicating the CA correct file number (N/A) -Amended Form 23A (q.5) (rec'd 2024-11-12) -CA Order (draft order included in the application) -Proof of service (rec'd 2024-11-26), Completed on: 2025-02-25, (Electronic version filed on 2024-10-29) |
Neville Hewage |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hewage, Neville | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| National Council of Canadian Tamils, Canadian Tamil Academy, Canadian Tamil Youth Alliance | Intervener | Active |
| Tamil Rights Group | Intervener | Active |
Counsel
Party: Hewage, Neville
Counsel
233 Brady Street
4th floor
Sudbury, Ontario
P3B 4H5
Telephone: (705) 674-6421
FAX: (705) 614-9948
Email: DChohan@weaversimmons.com
Party: Attorney General of Ontario
Counsel
Priscila Atkinson
Civil Law Division, Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4015
Email: ravi.amarnath@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: National Council of Canadian Tamils, Canadian Tamil Academy, Canadian Tamil Youth Alliance
Counsel
Geetha Philipupillai
20 Dundas Street West
Suite 1039
Toronto, Ontario
M5G 2C2
Telephone: (416) 979-6415
FAX: (416) 979-4430
Email: aweaver@goldblattpartners.com
Party: Tamil Rights Group
Counsel
55 University Ave suite 1100
Toronto, Ontario
M5J 2H7
Telephone: (647) 351-7944
FAX: (647) 846-7733
Email: janani@shanlaw.ca
Summary
Keywords
Constitutional law — Division of powers — Charter of rights — Freedom of expression — Right to equality — Ontario legislature enacting legislation establishing Tamil Genocide Education Week and encouraging education and awareness of Tamil genocide and other genocides that have occurred in world history — Applicant challenging constitutionality of legislation — Whether Tamil Genocide Education Week Act, 2021 ultra vires provincial legislature — Whether Tamil Genocide Education Week Act, 2021 infringing ss. 2(b) and 15(1) of Canadian Charter of Rights and Freedoms — Tamil Genocide Education Week Act, 2021, S.O. 2021, c. 11
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In 2021, Ontario’s legislature enacted the Tamil Genocide Education Week Act, 2021, S.O. 2021, c. 11. The Act proclaims the seven-day period in each year ending on May 18 to be “Tamil Genocide Education Week” (s. 1(1)) and encourages Ontarians to use that week “to educate themselves about, and to maintain their awareness of, the Tamil genocide and other genocides that have occurred in world history” (s. 1(2)).
Applicant Neville Hewage challenged the constitutionality of the Act.
The application judge held that the Act was intra vires the province, and did not infringe ss. 2(b) or 15 of the Canadian Charter of Rights and Freedoms. The application was dismissed. Mr. Hewage’s appeal to the Court of Appeal was dismissed.
Lower court rulings
Applications dismissed
Appeals dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available