News
Dr. Hewage’s claims regarding Canadian court ruling on ‘Tamil genocide’ denied
Appropos front-page news item ‘Bid to include genocide allegation against Sri Lanka in Canada’s school curriculum thwarted’ in the March 31, 2025, edition of The Island, Viresh Fernando, CA, CPA, Barrister and Solicitor, Toronto, Ontario, Canada, has sent us the following statement:
In 2021, the Provincial Legislature of Ontario passed a Bill, titled Tamil Genocide Education Week Act. The legislation, popularly known as “Bill 104,” simply assumes that the Tamil people of Sri Lanka were subject to genocide. No evidence was provided or discussed during legislative debate.
The Government of Canada has repeatedly stated that it has no evidence of alleged “Tamil Genocide”
A very small group of relatively uneducated Sinhala Canadians reportedly paid as much as $350,000 (dollars three lakhs fifty thousand) to two white, Canadian, incompetent, and ignorant lawyers to challenge the validity of the legislation. These two incompetent and ignorant lawyers used both the wrong method of legislation nullification and the wrong legal premise.
After a two-day hearing, as most Canadian legal experts expected, a judge of the Superior Court of Justice rejected the challenge of the Sinhala Canadians on constitutional grounds. The substantive evidentiary issue was never dealt with. I personally agree with the judge’s constitutional and legal basis for rejecting the Sinhala Canadian challenge, though I vehemently disagree with the false premise of Bill 104. This is a stark example that bad cases lead to bad law.
The small group of Sinhala Canadians Applicants who did not know any better, asked their two incompetent and ignorant lawyers to launch an appeal to the Court of Appeal for Ontario. After an approximately five-hour hearing, the Court of Appeal clearly open to overturning the legislation, posed a final question. The two incompetent lawyers, who represented the Sinhala Canadians, did not understand the critical meaning of the Court of Appeal justice’s question and therefore did not respond. That was a monumental legal error.
The three-member panel of very senior justices were clearly puzzled by the lack of response from the lawyers for the Sinhala Canadians. The Court of Appeal was not given the legal grounds or the factual basis to overturn the lower court verdict. Therefore, the Court of Appeal for Ontario did the only thing they could do which was to dismiss the appeal. A lone Sinhala Canadian sought leave (permission) from the Supreme Court of Canada to appeal. The Supreme Court of Canada declined to grant leave.
Contrary to the news article in The Island newspaper, the Supreme Court of Canada did not make a finding that there was no “Tamil genocide”. This is an absolutely wrong assertion by this particular newspaper.”
The Island: The story was entirely based on Dr. Neville Hewage’s response to the queries posed to him. We sought Dr. Hewage’s response as he moved the Canadian court in this regard.
… Prez Secretariat faulted for not maintaining asset declaration registry
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has decided against refiling 34 cases that were withdrawn during the 2019-2024 period.
The 34 cases are among 102 cases withdrawn during that period, the CIABOC has disclosed, adding that 65 cases had been refiled. Decisions on three others are pending according to statistics made available on 01 March 2025.
The CIABOC provided a breakdown of the withdrawal of cases: 2019 (5), 2020 (0), 2021 (44), 2022 (49), 2023 (02) and 2024 (2).
The current CIABOC consists of Justice W. M. N. P. Iddawala (Chairman/Commissioner), K. B. Rajapakse (Commissioner) and Chethiya Goonesekera P.C (Commissioner). Its Director General is R. S. A. Dissanayake.
According to the CIABOC the majority of cases were withdrawn due to the absence of the signatures of all commissioners who served during 2019-2024.
Among the cases dropped by the CIABOC were four involving former Cooperatives and Internal Trade Minister Johnston Fernando. The CIABOC found fault with the Presidential Secretariat (PS) for the collapse of the cases due to the failure on the part of the PS to maintain a proper asset declaration registry at that time. The charge against the then Minister Fernando was the non-disclosure of assets and liabilities during the 2010-2014 period.
Fernando contested the last general election on the SLPP ticket but failed to retain his seat in Kurunegala District.The CIABOC has also decided against refiling the case against MP Rohitha
Abeygunawardena (New Democratic Front/Kalutara District) as the corruption charges pertained to acquisition of illegal assets amounting to Rs. 41.2 mn in 2004 and due to their failure to move court within 20 years.
The CIABOC also disclosed that the case against one-time Chairman of National Lotteries Board A.I. Ismail (2002-2003) charged for wrongful payment of Rs 9.8 mn to a private party had been dropped due to main witnesses former prisons Commissioner G.M.K. Bandara and former Director Public Enterprises K.M. Indrajith having migrated.
By Shamindra Ferdinando
The Election Commission yesterday announced a revision to the postal voting schedule for the upcoming Local Government Elections, which are set to take place on May 6.According to the updated timetable, postal voting would now be conducted on April 24, 25, 28, and 29, Election Commission Chairman R.M.A.L. Rathnayake said yesterday.
“All government institutions, including the police, tri-forces, schools, corporations, and statutory
boards, will conduct postal voting on these four days,” Rathnayake said, adding that employees of those institutions can mark their postal ballots at their respective offices without any change to the existing arrangements.
A special postal voting centre will be set up at Kandy Girls’ High School to facilitate voting by police personnel on duty at the Sri Dalada Maligawa during the exposition of the Sacred Tooth Relic.
Arrangements have been made for tri-forces personnel to cast their postal votes under the supervision of designated certifying officers at their respective camps during the same four-day period.
In preparation for the elections, official ballot papers for all eligible postal voters across the 339 local government bodies were handed over to the Postal Department by Returning Officers on April 16. Distribution has already begun and will continue until April 29.
The Election Commission advises any postal voter who has not received their ballot by April 29 to make inquiries at their respective post offices.
The revised schedule replaces an earlier announcement made on March 27, which had designated April 22, 23, and 24 for postal voting at district secretariats and election offices, with April 28 and 29 set aside for those unable to vote on the initial dates.
With the latest changes, April 24, 25, 28, and 29 are now the official postal voting dates for the 2025 Local Government Elections.
A total of 18 candidates and 62 supporters have been taken into custody across the country in connection with criminal complaints related to the impending local government elections by yesterday morning (17).
A total of 38 criminal complaints related to the election and 138 complaints regarding violations of election laws have been lodged with police stations in different parts of the country.
According to the Police Media Division, on 16 Jan., two criminal complaints related to the election and six complaints regarding election law violations were received.
By Chaminda Silva
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