Ontario MPP Sarah Jama fights censure in court

Independent Hamilton Centre MPP Sarah Jama was in a Toronto court on Thursday for the first hearing on the judicial review of her censure in the Ontario legislature.  

Jama’s lawyers argue the censure was an abuse of power made in bad faith; while lawyers for the house speaker and the government point to parliamentary privilege.

Jama arrived at Osgoode Hall to fight a censure that prevents her from speaking in the legislature at Queen’s Park. 

In late October, Doug Ford’s Progressive Conservatives censured Jama after she posted a statement to X calling for a ceasefire and end of occupation in Gaza, which some have criticized as Antisimetic. 

The Ford government has said the censure will only be withdrawn if Jama apologizes for her statements. 

READ MORE: Hamilton MPP Sarah Jama announces motions targeting ODSP and OW

In court on Thursday justices heard from multiple parties and interveners. 

Jama’s lawyer argued her censure was unlawful, an abuse of power and unconstitutional, saying Central to Jama’s case would be that “charter rights guarantee freedom of speech.” 

The government’s lawyer and the house speaker’s lawyer are asking the court to strike Jama’s application pointing to parliamentary privilege. 

The lawyer said, “if members cannot move a motion on the floor without judicial supervision, then there is no parliamentary privilege,” and that the separation of the judiciary and legislative branches is fundamental.

READ MORE: MPP Sarah Jama continues to fight censure in Ontario Legislature

Meanwhile, at Queen’s Park, Minister of Municipal Affairs and Housing Paul Callandra says his government is holding firm on its decision to censure Jama. 

“We took a very strong stance on what she has said, the legislature took a very strong stance on that, I don’t apologize for that, thats what the legislature voted on… until she apologizes, we are not going to change our mind on that one,” says minister Callandra.

Jama was also removed from the NDP caucus following her censure. 

“Right now we are just working together on issue by issue basis, so if she’s got something she needs support with, like her motions, we’re looking at those, we’ve indicated support. We are going to continue to oppose this government’s censure of MPP Jama, it is deeply undemocratic, and we’re going to continue to oppose that.” Says party leader Marit Stiles.

Stiles says he supports Jama and opposes her censure.