Lawyers for Hamilton MPP Sarah Jama say her censure at Queen's Park is an 'abuse of power'

Independent Hamilton Centre MPP Sarah Jama's lawyers say her censure in Queen's Park was an "abuse of power" by the provincial government and hope to have their case heard in court in April.

Jama's lawyers, David Baker and Wade Poziomka, spoke with reporters on Friday, providing an update on their application for a judicial review into the censure.

Baker and Poziomka said they marked the application as urgent, saying the censure is "illegal" and "unconstitutional."

"This legal challenge is not about Israel or Palestine … it's about the democratic process in Canada," Poziomka said.

"Free speech and the ability to counter a view with free speech is a hallmark of democracy."

In late October, the Progressive Conservatives censured Jama in the House after she posted a statement on Oct. 10 to X, formerly Twitter, calling for an immediate ceasefire in Gaza as well as an "end to all occupation of Palestinian land."

She focused largely on the Palestinian territories, saying "violence and retaliation rooted in settler colonialism have taken the lives of far too many innocent people."

She did not directly mention the Hamas attacks on Oct. 7 which killed 1,200 people including several Canadians, and seized about 240 hostages.

Dozens of hostages, mainly women and children, were released during a nearly week-long truce that ended on Nov. 30, with Israel saying there are still 136 hostages unaccounted for.

As many as 80 per cent of Gaza's 2.3 million people have fled their homes in an Israeli bombing campaign that has reduced much of the crowded coastal strip to a desolate wasteland.

Medical officials in the enclave say the bombing has killed more than 15,500 people, with thousands more missing and feared buried in rubble.

Jama's initial statement on Oct. 10 prompted support from groups such as Canadians for Justice and Peace in the Middle East and condemnation by groups such as The Centre for Israel and Jewish Affairs, which called her comments "heinous."

Jama posted to X again on Oct. 11 apologizing for not also addressing the Hamas attacks in her original post. The Ontario NDP removed her from the NDP caucus shortly after.

'Meant to silence me': Jama 

Jama's application for a judicial review says the censure was "made in bad faith with the intent to curtail Jama's right to engage in political speech" and exercise her rights and privileges as MPP.

Her lawyers said Jama didn't say anything illegal and states when the vote took place to censure her, many government MPPs "clearly believed or were under the impression" Jama had called for the elimination of the state of Israel.

"It was based on a lie … meant to silence me," Jama told reporters on Friday.

The application also says the Speaker of the House should've ruled the motion to censure Jama out of order.

"If you think about it, there is no reason why this government could not silence the entire opposition," Baker said.

The judicial review is separate from Jama's threat to sue Premier Doug Ford for defaming her after accusing her of antisemitism and supporting the "rape and murder of innocent Jewish people."

CBC Hamilton contacted Ford's office for comment but didn't immediately hear back.

Ford's lawyer previously said the premier denies the defamation accusations, will not remove his post and is prepared to "vigorously" defend himself if Jama does pursue legal action.

It's unclear if the application for judicial review will be treated as urgent. If it isn't, it will take longer for the case to reach the courts.

If the courts side with Jama, it's also unclear if the province will be able to appeal and if an appeal would keep Jama censured.

Jama's legal team said they will be in court this week to discuss scheduling and may have more details afterward.