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HLG Hewage Law Group Administrative Tribunals Services Division Public Policy Matters Mailing Address: 2581 River Mist Road, Ottawa, Ontario, K2J 6G1, Canada. Telephone: + 1 613 612 7615 | e-mail: [email protected] Neville Hewage, Ph.D. Law Society Ontario License #: P15799 BY E-MAIL [email protected] July 06, 2020. Ms. Sandhya Kohli, LLB, MA, LLM Integrity Commissioner York Region District School Board Guide Corp., Workplace Conflict & Conciliation Tel: 416-231-9051 Dear Ms. Kohli Re: Formal Complaint against Juanita Nathan, Chair and all Trustees (Collectively Board) I have attached formal complaint against Juanita Nathan,, Chair of the Board and Trustees Bob McRoberts, Elizabeth Terrell-Tracey, Cynthia Cordova, David Sherman, Ron Lynn, Allan Tam, Linda Gilbert, Corrie McBain, Cindy Liang, Nadeem Mahmood , Dr. Elizabeth Sinclair, Lauri Hoeg (collectively Board) of the York Region District School Board for breaching of Members Code of Conduct. I have not attached Exhibit 04 impact statements of students since they do not require determining the breach of the Code. However, I will submit a few of them during proceedings to determine the impact of the breach. I am joining with complainants, residents of York Region Redacted for this action. I am the contact person on behalf of the complainants. Please acknowledge receipt of this complaint. I look forward to hearing from you. Yours very truly, Neville Hewage, Ph.D. Adjunct Professor and Research Fellow – Public Policy and Governance International Centre for Interdisciplinary Research in Law Laurentian University Sudbury, Ontario. 1 York Region District School Board Code of Conduct- Formal Complaint Form COMPLAINT OF _Neville Hewage_ I, Neville Hewage_________ (full name), of the (City, Town etc.) _Ottawa, City of Ottawa--- (municipality of residence) in the Province of Ontario. STATE THE FOLLOWING: 1. I have personal knowledge of the facts as set out in this affidavit, because -----------Please refer Schedule A------ (insert reasons e.g. I work for. .. I attended a meeting at which ... etc.) 2. I have reasonable and probable grounds to believe that: _Please refer Schedule A _______ (specify name of Trustee) a member of the York Region District School Board, has contravened section(s)_4.1 , 4.3, 4.5 , 7.1, 13.1, 13.2, 13.3 _ (specify section(s)) of the Trustee Code of Conduct. The particulars of which are as follows: (Set out the statements of fact in consecutively numbered paragraphs in the space below, with each paragraph being confined as far as possible to a particular statement of fact. If you require more space please use the attached Schedule A form and check the appropriate box below. If you wish to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and attach them to this form .) Please see the attached Schedule "A" • Attached July '6Rte1 iO".'"" 05 , 2020 Ottawa, at the City/Town of in the Province of Ontario Page_of_ Schedule "A" (Additional Information) To the complaint form required under the Complaint Protocol - Formal Complaint of York Region District School Board Code of Conduct for Trustees. (If more than one page is required, please photocopy this blank page and mark each additional page as 2 of#, 3 of#, etc. at the top right corner.) --------------Please refer Schedule A----------- '({09~~ (Signature of Person Making thi Complaint) Formal Complaint to the Integrity Commissioner Against Chair and Board Integrity Commissioner York Region District School Board Formal Complaint to the Integrity Commissioner York Region District School Board (Complaint Protocol for the Board Member Code of Conduct) Schedule A Neville Hewage, Ph.D. Adjunct Professor Research Fellow – Public Policy and Governance International Centre for Interdisciplinary Research in Law Laurentian University Sudbury, Ontario. LSO No. P15799 Please submit all correspondence to: 2581 River Mist Road Ottawa ON K2J 6G1 Tel: 613 612 7615 Email: [email protected] Ms. Sandhya Kohli, LLB, MA, LLM Integrity Commissioner York Region District School Board Guide Corp., Workplace Conflict & Conciliation email: [email protected] Tel: 416-231-9051 1 Formal Complaint to the Integrity Commissioner Against Chair and Board Table of Contents Description Page Formal Complaint Form Neville Hewage, Redacted iv (Collectively Complainants) Table of Contents 2 List of Exhibits 3 Schedule A 4 Finding of Facts 4 Bill 104, Tamil Genocide Education Week Act, 2019 5 York Region District School Board (YRDSB) 9 Issues on Board members Code of Conduct 9-10 Analysis and Conclusions 11 Contravention of Section 4.1, 4.3, 4.5 11 Contravention of Section 7.1 14 Contravention of Section 13.1, 13.2, 13.3 16 Conclusion 18 Remedies 18 2 Formal Complaint to the Integrity Commissioner Against Chair and Board List of Exhibits Exhibit 01 Tamil LTTE Atrocities Center for International Security and Cooperation (CISAC), a research center at the Freeman Spogli Institute for International Studies of Stanford University, USA. Exhibit 02-01 Instructions received from Global Affairs Canada to City of Toronto regarding proposed Tamil Genocide Proclamation Government of Canada has not recognized Tamil Genocide Exhibit 02-02 Mayor John Tory says proclamation of (Alleged) Tamil Genocide is Political Exhibit 03 Submission to the Committee on Regulations and Private Bills against Bill 104 Tamil Genocide Education Week Act, 2019. Exhibit 04 Students’ impact statements after releasing the Tamil Genocide twitter message on May 18, 2020. (Not attached with this submission) 3 Formal Complaint to the Integrity Commissioner Against Chair and Board Schedule A FINDING OF FACTS 01. Founded in 1976, the Liberation Tigers of Tamil Eelam (LTTE) is a Sri Lankan-based Tamil terrorist organization that seeks the creation of an independent homeland called "Tamil Eelam" for Sri Lanka's only about 18 % ethnic Tamil minority living in North and East. Over the years, the LTTE has waged a violent secessionist campaign with the help of ground, air, and naval forces, as well as a dedicated suicide bomber wing. Tamil LTTE is a proscribed Terrorist organization, 32 countries, including Canada. 02. Tamil LTTE tactics have included full military operations, terror attacks against civilian centres, and political assassinations, including those of Indian Prime Minister Rajiv Gandhi and Sri Lankan President Ranasinghe Premadasa. 03. Tamil LTTE terrorist activities caused billions of dollars of massive destruction to Sri Lanka's economy. A large number of innocent civilians were killed as results of indiscriminate attacks on civilians' centers across the country. 04. Sinhalese villagers living in North and East district's boundaries were massacred, and, as a part of "ethnic cleansing," Muslims living in Jaffna (North of Sri Lanka) were ordered to quit. At least 30,000 were driven out at just three-hour notice. 05. A program of the Center for International Security and Cooperation (CISAC), a research center at the Freeman Spogli Institute for International Studies of Stanford University, USA, recorded the most notable attacks and the atrocities of Tamil LTTE terrorists.1 Please also see Exhibit 01. 06. A responsible government cannot tolerate any longer Tamil LTTE brutality and have no option other than destroying the Tamil terrorist group. 1 https://cisac.fsi.stanford.edu/mappingmilitants/profiles/liberation-tigers-tamil-elam#highlight_text_16261 4 Formal Complaint to the Integrity Commissioner Against Chair and Board 07. The latest reason for the military action was triggered against the separatist Tamil LTTE group as a result of closing the water dam (Marvil Aru), which is providing a lifeline for over millions of people living in neighbouring districts. 08. Tamil LTTE was militarily defeated on May 18, 2009, which ended the civil war by killing a ruthless terrorist leader, Velupillai Prabhakaran. Alleged Tamil Genocide Memorial Day activities are scheduled every year, May 18, to commiserate the death of terrorist leaders. 09. During the three decades of armed conflict, civilians all ethnic groups, Sinhalese, Tamils, Moor, Muslims, were affected. 10. The Tamil LTTE had an extensive network of fundraisers, political and propaganda officers, and arms procurers operating in Sri Lanka and within the Tamil diaspora in Canada. Although the Tamil LTTE was militarily defeated on May 18, 2009, subversion, destabilization, and fundraising continues, particularly within the diaspora.2 11. Many organizations arose in Canada, post-war by militarily defeating Tamil LTTE in May 2009, some calling for reconciliation and others professing to continue this struggle for a separate state. (Alleged) Tamil Genocide claim is an LTTE campaign against Sri Lanka. 12. Some of them are campaigning to take revenge against Sri Lanka government for the death of their terrorist leader Velupillai Prabhakaran, in recognizing the final phase of the war in May 2009, as a genocide, same as proposed on Bill 104 Tamil Genocide Education Week Act. 13. The conflict against the Tamil LTTE terrorist group should be studied in its entirety and not only during its final months. Bill 104, Tamil Genocide Education Week Act, 2019 14. Bill 104 Tamil Genocide Education Week Act, 2019 introduced by Mr. Vijay Thanigasalam, MPP Scarborough Rough Park, to the legislative assembly of Ontario. The majority of members in the Ontario legislature (65 members) refrained voting for Bill 104 during the second reading. Therefore, Bill 104 has been referred to the Standing committee on 2 https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/crrnt-lstd-ntts-en.aspx#46 5 Formal Complaint to the Integrity Commissioner Against Chair and Board Regulations and Private Bills. The committee does not have any agendas set related to this matter. Further, the committee has not published any reports associated with this matter. (as of July 06, 2020) 15. Mr. Vijay Thanigasalam is promoting the Tamil Nationalist agenda in Canada. He has posted the Tamil LTTE terrorist leader’s photo on his Facebook page. It stated as follows, "Happy 57th Birthday to our National Leader Hon.
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