Understanding The Sri Lankan Canadian Action Coalition v. Ontario: Implications For Provincial Powers

In a recent Ontario Court of Appeal Decision, Sri Lankan Canadian Action Coalition v. Ontario (Attorney General)¹, the court dismissed the appeal, upholding the constitutionality of Ontario legislation titled: the Tamil Genocide Education Week Act, 2021, S.O. 2021, c. 11 (the "TGEWA"). The court engaged in a review of the principles of federalism and though it reached the same conclusion, grounded their decision in an analysis that differed in certain respects from that of the application judge.

Background

The background of this case calls for a review of historical context. As with many countries, Sri Lanka is comprised of different ethnic groups, Sinhalese and Tamil. A majority of Sri Lankans are Sinhalese. Tamils have historically comprised a minority of the population. Some factions of the Tamil minority have sought an independent homeland. The Sri Lankan state has resisted their efforts.