Ontario Genocide Resolution on Lanka | Sunday Observer

Ontario Genocide Resolution on Lanka

5 June, 2021
Sri Lankan Canadians demonstrate against the Ontario Genocide Bill 104.
Sri Lankan Canadians demonstrate against the Ontario Genocide Bill 104.

The Ontario Legislative Assembly has resolved that Sri Lanka subjected the Tamil Community to genocide during the battle against LTTE terrorism.

The Legislative voted in favour of Bill 104 during the Tamil Genocide Education Week Act which was moved by Sri Lanka asylum seeker turned Scarborough Rouge Park Member of Parliament Vijay Thanigaslam and Member of Parliament Conservative Party of Ontario.

MP Vijay Thanigasalam declared the Bill 104 a historic event for Tamil people in Ontario and across the world.

Thanigasalam in addition to being Vice Chairman Standing Committee of the Legislative Assembly is also member Standing Committee of Finance and


Economic Affairs as well as Parliamentary Assistant to the Minister of Transportation Vijay Thanigasalam openly identified himself with the LTTE even after the end of the war and on November 26, 2011 Vijay Thanigasalam in a facebook post stated “Happy 57th Birthday of our national leader Prabhakaran.

Dr. Neville Hewage, Research Fellow Public Policy on Regulations and Private Bills –stated that the Ontario Legislative Assembly lacked jurisdiction to pass the bill 104 and under the circumstances the Bill makes reference to a death toll of 40,000 to 70,000 in May 2009. Other estimates which placed the death toll January 1 to May 18 2009 at 146,679.

The Government of Sri Lanka should vehemently protest the passing of a Resolution by the Ontario Legislative Assembly based on unsubstantiated evidence and exaggerated deaths during the period specified in Bill No: 104.

In the context of passing this Resolution it is important to look into the background of the role played by Canada in fostering and nurturing the LTTE by providing asylum to a large number of Sri Lankan Tamils among them leaders of the LTTE who have continued their operations in Canada.

The Mackenzie Briefing Notes of Toronto Ontario of December 1995 stated “exploitation of Tamil refugees by the LTTE and its supporters allowed profitable operations’ to be established in Europe and North America (particularly Canada).

The most profitable activities for the Tamils have been drug trafficking and the extortion of Tamils living in the Western world. The journal further said because the LTTE sponsored criminal elements in Canada, the issue is a salient one for Canada.

The Mackenzie Briefing Notes also said:

  •  Canada also hosts extortionists who draw funding for the Tigers.
  •  Many Tamils who arrive in Canada settled in the Toronto area.
  •  New Toronto levies would demand that Tamil businessmen turn over 20 percent of their profits. List of profitable businesses were drawn up.


  • The Toronto Police were aware of the scope of the LTTE’s plans.
  • Traditionally there are three major centers for heroin distribution in Canada handled by the LTTE. They are Vancouver, Toronto and Montreal.
  •  One major Centre for Tamil operations is Montreal. The city has a US$ 1 Billion narcotics market, part of which is controlled by Sri Lankan Tamils who send some of the profits to the LTTE.
  •  Another source of funds for the Sri Lankan insurgents comes from smuggling human cargoes into Canada.
  • Sophisticated forgeries operations have been detected in Canada.
  • A passport operation was run out of 15 forgery shops in Southern Ontario.
  • Not only passports and travel documents are being forged, larger scale credit card fraud schemes have been detected.
  • LTTE activists were permitted to operate without fear of the law.
  • Over the past years, street fights, drive by shootings and beatings have become common within Canada.
  • The Canadian High Commissioner who expressed his country’s disapproval of the Tigers was rumoured to have been placed on a hit list for suicide bombers.

The journal said, as a result of the above, Canada should expect an upsurge in illegal activities by


Tamil Insurgents. No one should be surprised by anything the LTTE does. Over the past 20 years they have graphically demonstrated that there is no limit to their brutality or ruthlessness.

The Canadian Security Intelligence Services in 1999 said:

  • In Canada numerous Tamil groups remain actively involved in publicity campaigns aimed at politicising the Tamil Diaspora in support of the LTTE.
  • The majority of financial support to the LTTE comes from six main areas all of which are large Tamil Diasporas: Switzerland, Canada, and Australia, the UK and the US and the Scandinavian countries.
  • LTTE is petitioning the overseas Tamil Diaspora in Canada to contribute up to US$ 1000 per family in support of the group’s military campaign to win control over the crucial northern reaches of Highway A9.
  • The journal states, unfortunately Canada has been particularly tolerant of the LTTE in spite of its ruthlessness. Today, the LTTE has its International Secretariat located in London, its Paris based Secretary directing the operations of front and cover offices in a geographic zone extending from Australia to Canada.


  • The article said to a large extent this tolerance is a function of the common Tamil ethnic identity that underscores the LTTE both domestically as well as in the Diaspora- something which has made it increasingly difficult for governments and law enforcement agencies to differentiate between ordinary Tamils and pro-LTTE activists.
  • Moreover, many Western politicians believe that it is the ethnic or the minority vote that makes the difference in an election.
  • As such they tend to sympathise with the political aspirations and grievances of minorities and ethnic groups living in their constituencies.
  • Because the tigers have been able to run effective propaganda campaigns which have successfully mobilised significant sectors of the overseas Tamil Diaspora in their favour.
  • Politicians have become increasingly reluctant to support tougher actions against the LTTE for fear that this would impinge on their local electoral support base.
  • Canada by permitting the LTTE to open offices and establish representation, Canada has unwillingly blessed the group’s political and military agenda. LTTE propaganda activities in Canada have proved vital to the LTTE.

The International Centre for Ethnic Studies in its report of January 2001 said.

That the LTTE’s fund raising campaign nets around US$ 2 million a month of which US$ 730,00 appears to be derived from the Tamil Refugees living in Canada which by 1995 numbered about 180,000 with an estimated 120,000 in Toronto and suburbs.

Bill No: 104 of the Ontario Legislative Assembly makes reference to a death toll of 40,000 to 70,000 in May 2009- other estimates pace the death toll January to May 18 2009 as 146,679.

Based on these falsified and exaggerated figures and unsubstantiated evidence the Ontario Legislative Assembly passed a Resolution accusing Sri Lanka of genocide.

This 40,000 death toll is one of the most explosive findings of the Darusman Report which states that this figure cannot be ruled out but requires further investigation.

The pro-LTTE Diaspora and some NGO’s have seized upon this figure and have sought to increase it. There has never been a reliable body of information consistent with other information that 40,000 civilians were killed.


The mischief of this particular allegation of 40,000 civilians killed becomes clear when there are other sources which give a lesser estimate but not all of the various competing accounts are mentioned in the Darusman Report.

The Darusman Report does acknowledge that only a proper investigation can lead to the identification of an accurate figure but it has not provided the full range of views from which to begin this important task.

UN Country Team figures of 7,721 civilian deaths (up to 13th May 2009) is mentioned in the Darusman Report. But it is disputed without explanation as to how it came to be a figure of 30,000 people could therefore being killed within 5 days.

If the figure of 40,000 is ever to be correct and accurate – the Darusman Report provides no concrete evidence to support the considerable leap from the UN Country Team figure of less than 10,000.

With regard to documented deaths, the International Crisis Group had this to say -

“UN agencies working with officials and aid workers located in the conflict zone documented nearly 7,000 civilian deaths from January to April 2009.”

Some weeks before the war ended news agency reported as follows:

A UN working document, a copy of which was obtained by news agency say 6,432 civilians have been killed and 13,946 wounded in fighting since the end of January.

It has to be noted that these figures of civilian deaths make no attempt to separate from the broad category of “Civilians” who lost their civilian status by taking an active part in hostilities and ununiformed LTTE combatants.

The lamented failure of the Darusman Report to apply appropriate standards of proof with rigor that was required to determine such a critical question and given the uncertainty as to the number of civilians killed and without the ability to determine that percentage of those fatalities were LTTE fighters not in uniform or civilians who in law may have lost their protection status is unfortunate that speculation and not evidence has been the basis for the allegation by the Darusman Report whose unsourced findings have now passed into public consciousness as truth.

It is this background of uncertainty, unsubstantiated, unsourced findings of the Darusman Report which the Darusman Panel itself acknowledges that it is not certain off.


It is this uncertainty that the Parliamentarians of the Ontari Legislative Assembly has ignored and that the Legislative Assembly of Ontario has relied on these unsubstantiated figures not even taking into consideration the UN Reports, Reuters Reports and various other reports which did not get close to the figure the Legislators of the Ontario Assembly has brought forward as a Resolution at the Legislative Assembly of Ontario.

It is no surprise that this Resolution would have passed given the Tamil influence in Ontario where over 300,000 Sri Lankan Tamils reside and members seeking election to the Assembly rely heavily on the votes of minorities.

It is extremely relevant to reflect on the role played by the Canadian government.

For more than two decades the Canadian government permitted the LTTE to do whatever they wanted.

Narcotic money was transacted via Canadian Banks, factories forging documents functioned in many States of Canada, political asylum was handed on a plate to LTTE leaders who sought refuge in Canada, smuggling of humans and trafficking in heroin was rampant for which very little action seems to have been taken.

Monies obtained by these criminal acts was provided to the LTTE for purchase of weapons which were used to kill hundreds of security force personnel, innocent Sinhalese men women and children.

The Canadian Security Intelligence Services in 1999 said Canada by permitting the LTTE to open offices and establish representation, Canada has unwillingly blessed the group’s political and military agenda. LTTE propaganda activities in Canada have proved vital to the LTTE.

By the end of 1990s experts believed that 90 percent of the military budget came from overseas, including both Diaspora contributions. Some estimated this amount of money flowing from the Canadian Diaspora to the LTTE in the 1990’s more than US$ 2 million a year.

The Canadian Security Intelligence Service (CSIS) concluded in 2000 that at least eight NGOs and five com companies were operating in Canada as fronts for the LTTE.

The Toronto Star of 11th October 2004 said the LTTE uses children as cannon fodder.

Amnesty International in a press release on July 7 said -

Tamil Tigers beating up families to recruit child soldiers.

What the leading international media organisations said about the LTTE titled: The International Dimension of Terrorism.

New York Times of 28th March 1995:

A Sri Lankan evoke Pol Pot- Asia’s Master of Terror – Velupiillai Prabakaran

Wall Street Journal - 10th August 1995 - Saving Sri Lanka

The Times - August 10th 1995

Tiger Terror - Sri Lanka is being mauled by the ruthless Tamil Separatist.

The Washington Post - 3rd February 1996

Sri Lanka’s Terrorism

Mackenzie Brief Notes –Ontario. Funding Terror – The LTTE of Tamil Ealam and their criminal activities in Canada.

Frontline on World Affairs 10th January 1977. Women of the LTTE, the tigers and women emancipation.

Human Rights Watch-Toronto January 2008

Funding the final war.

Jane’s Intelligence Review - 1st August 2007

Funding the Tiger- How Sri Lankan insurgents fund their war. The LTTE has erected one of the most sophisticated insurgents in the world

Council of the European Union- Brussels 31st May 2006

Declaration by the Presidency on behalf of the European Union concerning listing of the LTTE as a terrorist organisation.

News agency - 2nd November 1995 - Sri Lanka: Child soldiers spearheaded Sri Lanka’s Tamil Ealam.

Emirates News: LTTE throws girls into frontlines.

BBC News: 8th October 1988

Tamil Tigers accused of using child soldiers - South China Morning Post of 4th December 1995

Rebels recruiting pupils’ caste shadow over schools - The Independent: Tamil Tigers break UN pledge on child soldiers

Herald Tribune 18th July 2000

Tamil rebels snatch youngsters from classrooms into battle

Herald Tribune: 22nd August 2000

Tamil guerillas- starting at age 7. A child fighter describes abduction and training.

Daily Mirror- 18th November 2000

40 percent of the LTTE cadres are children.

Bangkok Post: 24th July 2003

Unwilling soldier – a child abduction haunts mother in the East.

Toronto Star: 10th October 2004.

The teen soldiers who refused to die

Asian Tribune - 20th November 2004

LTTE still has 1250 child soldiers

Daily Mirror – 30th May 2005

Former President Bill Clinton denounces LTTE child conscription as “horrible”

Saudi Times - 7th August 2000

Child soldiers – a war crime- LTTE faces prosecution before ICC.

The Observer- 1st January 2001

Desperate Tamil rebels snatch children to serve as foot soldiers.

Daily Star - 15th February 2006

Over 5,300 child soldiers in Sri Lanka since truce –UNICEF

The Morning Leader – 13th September 2001

Over 4,600 underage recruits in LTTE - UNICEF

Montreal Post – 18th April 2001 - Tigers use Canadian charities as fronts

The Island - 23rd March 2000 - Tiger fronts among recipients of Rs. 40 billion Tsunami Funds- 30 NGO’s received 73 percent of the funds.

Herald Tribune – 17th February 2000

Tamils in Canada fund Sri Lankan rebellion

National Post- 5th November 2003

Terror funding hits US$ 180 million

Asian Tribune- 12th September 2005

Tens of thousands of dollars of tsunami funds sent to LTTE - Sunday Telegraph Sydney

Globailmail.com - Tigers feeding off Toronto Tamils

Asian Tribune 18th January 2007 - Tamil Tigers may have stolen millions of pounds to fund its terror from British citizens says Police.

Canada.com 21st September 2009 - Tamil Tigers alleged to have funneled cash.

New York Times -7th March 1998

- Tamil guerrillas in Sri Lanka deadly and armed to the teeth.

Nations Post of 21st July 2006 -

Mounties Case Tamil group “Arm of Tiger” Tornado.

The LTTE is entrenched in Canada and uses Toronto based front organisation called the World Tamil Movement to rain money for arms, says a summary of an ongoing RCMP probe.

The world has spoken against the LTTE. The Canadian government did take some steps to curtail the activities of the LTTE.

However, it is questionable whether the steps taken by the Canadian government was adequate to curtail the activities of the LTTE on Canadian soil.

The LTTE appears to have conducted business as usual in Canada and based on the comments of the world media Canada could be regarded as the country that harbored nurtured and fostered the LTTE.

The terms genocide is most applicable to the LTTE considering the massacres they undertook in Sri Lanka the most bizarre execution of 600 unarmed policemen.

The massacre of devotees at the sacred shrine of the Bo Tree in Anuradhapura scores of other brutal attacks on unarmed Sinhalese civilians. If this is not genocide then what is genocide?

While the Sri Lanka security forces were involved in a humanitarian operation to save the lives of innocent Tamils who were forcibly kept by the LTTE as human shields, the Sri Lanka security forces sacrificed their own lives to save the innocent Tamil population.

The LTTE activists who now live in the comfort zones of the Western world should thank President Mahinda Rajapaksa for giving them the freedom they now enjoy.


To establish whether a State has committed genocide against its population, it would be necessary for the State to provide substantial evidence a State has committed genocide.

Pursuant to Article III of the Genocide Convention the following acts are punishable.

A. Genocide

B. Conspiracy to commit genocide

C. Direct and public incitement to commit genocide

D. Attempt to commit genocide

E. Complicity in Genocide

Genocide is a complex crime that in many instances may be difficult to establish beyond reasonable doubt in a trial setting.

One area that may prove particularly challenging is the requirement to prove “special intent” or “genocidal intent” which is critical constitutive and distinctive elements of crime against genocide.

It is questionable whether the Parliamentarians of the Ontario State Assembly had any knowledge of the requirements in terms of International Law for passing a Resolution of genocide against Sri Lanka or did they raise their hands in approval reflecting on the aspirations of the Tamil Diaspora particularly in Canada and the benefits that Parliamentarians of the State Assembly can draw from the large Tamil population in Ontario and Toronto for gaining access to the State Assembly of Ontario.

The State Assembly of Ontario should make public the evidence that it submitted to the Assembly and whether such evidence is in the context of the acts punishable as illustrated by Article III of the Genocide Convention.

Sri Lanka’s position in answering the acts as punishable under the Genocide Convention:

Genocide: The Government termed its operation as a “humanitarian operation” to rescue thousands of innocent Tamil civilians who were held as human shields by the LTTE. In doing so a large number of security personnel sacrificed their lives.

Once these innocent Tamils were rescued particularly during the last phase of the war, they were provided with accommodation in a large number of refugee camps which were provided with all facilities of food and health services.

The LTTE cadres that surrendered to the security forces were rehabilitated and subsequently released. The Tamil civilians and the LTTE cadres who were forced to join the LTTE were given a lease of life by the government.

Based on the manner in which the government conducted its humanitarian operation, the question of genocide is only a myth manufactured by the Tamil Diaspora.

Conspiracy to commit genocide:

Prior to commencement of the humanitarian operation during the last phases of the war, the government by various means including the dropping of leaflets by the Air Force informed the civilians in rebel held areas to move to government controlled areas. If there was a conspiracy on the part of the government to commit genocide the need to inform the civilians in rebel areas would not be necessary.

Direct and public incitement to commit genocide

There does not exist any evidence to establish that the government or the security forces of Sri Lanka had any direct or public intentions to commit genocide.

Even during the considerable number of years the north of Sri Lanka was under the control of the LTTE, the government provided the basic requirements of food and medications to the North which was sent to the region by the ICRC, Sri Lanka Red Cross and other agencies and NGOs.

NGOs and Civil Society Organisations functioned in the North until the very last until they were asked to move out by the government for their own safety so that the government could conduct its humanitarian operation.

There is no evidence that of these organisations have complained of incitement to commit genocide.

At no time did the government of Sri Lanka or its security forces have any intention to commit genocide. The manner in which the Government carried out its humanitarian operation is a clear indication that it was not the intention to commit genocide on the contrary thousands of innocent Tamil civilian lives were saved.

Complicity in genocide

There has been no complicity on the part of the Government or security forces to commit genocide. The above paragraphs illustrates whether there was any intent by Sri Lanka to commit genocide.

It is strongly believed that given the Tamil influence in the State of Ontario and the dependence by the ambitious Parliamentarian on the Tamil community to gain access they would raise both their hands and say “hurrah” perhaps not even understanding the true meaning of genocide.

Sri Lanka should seek a clarification from the Canadian government, the basis on which its State Assembly of Ontario passed the Resolution of genocide against Sri Lanka.