Court turns down MPP Sarah Jama’s charter challenge to dismiss censure

Independent Hamilton MPP Sarah Jama’s bid for a judicial review of her censure has been dismissed by an Ontario court.

The decision, released Tuesday, says the courts have no business handling matters that fall within the scope of parliamentary privilege.

“The relief sought in this application is precluded by parliamentary privilege, including the categories of the privilege regarding control over debates and proceedings in the Legislative Assembly and disciplinary authority over Members of the Legislative Assembly,” reads the ruling.

Ontario’s Progressive Conservative Party voted in favour of censuring Jama in the legislature in October, just as she was removed from from her former party for comments that she made condemning the war in Gaza.

READ MORE: MPP Sarah Jama kicked out of NDP caucus and censured in legislature

Jama’s case previously argued that the discipline she faced denied her “constituents a voice in the Legislature and undermined the democratic function of the Legislative Assembly” and that the parliamentary privilege that allowed it was ripe for abuse.

Still, the courts ruled that the law was “well-settled” and pointed her to handle the matter within the Legislative Assembly.

“This Court has no jurisdiction for the reasons set out below. The applicant’s proper course of action was to pursue a remedy at the Legislative Assembly.”

Jama’s censure will continue until she apologizes to the legislature and withdraws her comments.

CHCH News has reached out to Jama for comment.