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.
41524
Sri Lanka Canada Association of Brampton 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 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 |
|
| 2025-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-06 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-12-06, (Printed version filed on 2024-12-09) | Sri Lanka Canada Association of Brampton |
| 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, (Book 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 |
| 2024-11-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened | |
| 2024-11-04 | Notice of name, (Printed version filed on 2024-11-05) | Sri Lanka Canada Association of Brampton |
| 2024-11-04 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-05) | Sri Lanka Canada Association of Brampton |
| 2024-11-04 |
Application for leave to appeal, (Book Form), Missing: -Amended style of cause on covers pages / notice of application (rec'd 2024-11-07) -Amended notice of application indicating the CA correct file number (rec'd 2024-11-11) -CA Order (draft order included in the application), Completed on: 2025-02-25, (Printed version filed on 2024-11-05) |
Sri Lanka Canada Association of Brampton |
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 |
|---|---|---|
| Sri Lanka Canada Association of Brampton | 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: Sri Lanka Canada Association of Brampton
Counsel
H. Scott Fairley
N. Joan Kasozi
Salma Kebeich
Meryl Morant
41 Burnside Drive
Toronto, Ontario
M6G 2M9
Telephone: (416) 885-1361
FAX: (888) 850-1306
Email: rouleaun@gmail.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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
439 University Avenue, Suite 1900
Toronto
M5G 1Y8
Telephone: (416) 649-5061
FAX: (647) 846-7733
Email: janani@shanlaw.ca
Summary
Keywords
Constitutional law — Division of powers — Charter of rights — Freedom of expression — 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 — In the pith and substance analysis, when should a court consider a law’s practical effects, including the anticipated practical effects of a legislative declaration? — What is the nature of and test for s. 92(16) of the Constitution Act, 1867, which provides provinces with power over matters of a “merely local or private nature”? — Does government have the constitutional power under s. 2(b) of the Canadian Charter of Rights and Freedoms to destroy through statutory disinformation a small Ontario minority’s ability to express the truth as unanimously endorsed by experts and the broader international community? — Tamil Genocide Education Week Act, 2021, S.O. 2021, c. 11<br>
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 Sri Lanka Canada Association of Brampton 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. The applicant’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