A second attempt by the New Democrats to overturn a ban on keffiyehs in the Ontario legislature has failed and now a coalition of lawyers says it has filed a formal request with the Speaker’s office to reverse the move.
Several government MPPs voted against a unanimous consent motion to overturn the ban Tuesday. The motion, introduced by NDP Leader Marit Stiles, called for the house to recognize keffiyehs as culturally significant clothing items and allow for them to be worn at Queen’s Park.
The controversial prohibition on keffiyehs was instituted earlier this month by House Speaker Ted Arnott, who said keffiyehs are being worn at Queen’s Park to make an overt political statement.
In a statement Tuesday evening, the Canadian Muslim Lawers Association said it was “appalled” that its colleagues with the Arab Canadian Lawyers Association were removed from the Legislature as a result of the ban.
“The keffiyeh is more than a political statement; it is a symbol deeply rooted in Arab culture and solidarity,” it said.
“By effecting this ban, the Legislature silences voices and support for oppressed people and is a prime example of anti-Palestinian racism. This discriminatory decision perpetuates harmful stereotypes while undermining principles of human rights legislation, including religious freedom and cultural expression.”
Keffiyehs, checkered scarves that are commonly worn in Arab cultures, hold particular significance to Palestinian people. They have been a frequent sight among pro-Palestinian protesters calling for an end to the violence in Gaza as the Israel-Hamas war continues.
Ontario’s New Democrats tried — and failed — a second time to pass a unanimous consent motion to overturn the ban on keffiyehs in the Ontario legislature. Protests during question period prompted the house speaker to recess legislature for 15 minutes.
There was a smattering of nos from the Progressive Conservative benches when Stiles’s motion was read into the record.
“Ontario is made up of lots of different cultures, and people should be able to wear their cultural attire into the legislature and anywhere else,” Stiles said at a news conference before bringing the motion forward.
Premier says MPPs free to vote
Earlier Tuesday, PC MPP Robin Martin said she could not “in good conscience” vote in favour of the motion. Martin similarly voted against a unanimous consent motion on the issue brought forward by the NDP last week.
“To agree to a motion similar to the one put forward on Thursday by MPP Stiles, which declares the keffiyeh to be a cultural symbol and not a political one, would be to deny the fact and reality that it has taken on an inherent political meaning, particularly at this time,” Martin said.
Overturning the ban would “would establish a dangerous precedent” and undermine democratic institutions, she added.
“I recognize that I may personally face political repercussions because of my vote and continued stance on this motion. I accept that,” Martin said, alluding to Premier Doug Ford’s public comments opposing the ban.
PC MPP Lisa MacLeod also voted no, calling it antisemitic because it came during the Jewish holiday of Passover.
“I think that these tensions that have unnecessarily spilled over into the Ontario legislature really have been a distraction for the work that we’re supposed to be doing here,” MacLeod said outside the legislative chamber.
“I think that when Marit Stiles suggests that all Ontarians are in support of this, she is ignoring the fact that the Jewish community in the province feels like they’re under threat and under attack.”
Ontario Premier Doug Ford reiterated Thursday that he does not support Speaker Ted Arnott banning keffiyehs in the Ontario Legislature because they are “intended to be a political statement,” as Arnott said in an email Wednesday.
Ford said last week it “needlessly divides the people of our province” and publicly urged his caucus to support the previous NDP motion.
Ford was not present for Tuesday’s sitting. But when speaking to reporters at Queen’s Park, Ford said it’s up to members of Parliament to make their decision, after the Speaker made his.
“It’s very divisive, in my opinion … It’s a very sensitive topic for certain people,” he said.
“We’re a very strong team and I’m happy we had a great conversation with all the members — and they all got to speak freely. Maybe I’m a little different than other premiers, but I let people speak freely and I don’t punish them for speaking freely.”
Independent MPP wears keffiyeh in protest
Shortly after question period began, the legislature was adjourned due to protesters in the gallery yelling “free Palestine.” Several of them donned keffiyehs before they were removed by security.
Legislative security ejected the protesters around the same time Sarah Jama, who sits as an independent after being kicked out of the NDP caucus last year, put on a keffiyeh and was not asked to remove it for the remainder of the hour-long question period.
“This is the least I could do, is stand up in solidarity,” Jama, who has Palestinian family members, said outside the chamber.
“It’s completely ridiculous and theatrical that we’re not allowed to wear this cultural cloth in this place. And so I’m standing up for a lot of the people who feel like they can’t say anything right now.”
Arnott said since Jama sits at the opposite end of the chamber from him he could not definitively see the pattern on her scarf.
“[When] I come in to the chamber to start question period I don’t do a scan of what everyone’s wearing as my first priority,” he said after question period. “If it’s drawn to my attention by way of a point of order, I’d obviously have to deal with it.”
Jama said she would continue wearing the scarf.
Arnott said the ban conforms with longstanding conventions of decorum in the legislature.
He began considering the prohibition after a member of the legislature complained about Jama, who regularly wears a keffiyeh at Queen’s Park. Jama was ejected from the NDP caucus late last year amid tensions within the party regarding her social media comments on the Israel-Hamas war.
All of the other opposition parties have also called for the ban to be lifted.