Stephanie Taylor, The Canadian Press
Published Tuesday, April 23, 2024 5:08 pmEDT
OTTAWA – A leading voice among criminal lawyers in Canada says police and political leaders must learn the consequences of influencing bail decisions.
And Boris Bytensky, president of the Association of Criminal Lawyers, says the Umar Zameer case offers a perfect moment to learn.
“The mere fact that they are making comments as public officials … really damages reputation in the justice system,” Bytensky said in an interview Tuesday.
“It doesn’t help respect the justice system, which is ultimately what we need… If the public doesn’t respect this justice system and individual judges, they won’t respect the law. .”
A jury found Zameer not guilty Sunday of the Toronto police officer’s death. Jeffrey Northrup, run over in an underground parking lot in July 2021.
Zameer was granted bail a few months later, a decision that drew public criticism from Ontario Premier Doug Ford, who at the time called his release “beyond comprehension” and “completely unacceptable.”
But it wasn’t until the jury was sequestered last week that Canadians learned how weak the case against Zameer had turned out to be.
Ontario Superior Court Justice Jill Copeland, who is now a Court of Appeal judge, said in her ruling that she found the case “weak,” noting in particular that the lack of evidence about motive was a “weakness.” significant.”
Former Toronto Mayor John Tory also spoke out against Zameer’s release. Since the verdict, he acknowledged having learned lessons from the ordeal, according to a report by The Toronto Star.
‘I had limited information’: Premier Ford
At the time, Ford cited Zameer’s release as an example of the justice system’s need to “get its act together” and put “victims and their families ahead of criminals.”
The prime minister struck a decidedly different tone on Tuesday.
“It is a very sad situation that occurred and I respect the court’s decision. My heart also goes out to Margaret and her family,” she said, referring to Northrup’s widow.
“At that time I had limited information. The courts have decided, the jury decided and we must respect the justice system.”
Ford’s original comments have since been shown to be unfounded, the Ontario Federation of Law Associations said in a statement. It is unacceptable that leaders “spread misinformation about our criminal justice system and score cheap political points at the expense of courts and judges,” said Douglas Judson, president of the federation.
Not only do politicians lack facts to speak about specific bail decisions, but when they do, they damage the reputation of the justice system and the presumption of innocence, Bytensky said.
Zameer’s case provides an opportunity to better educate Canadians about how the system works and what “presumption of innocence” really means, he added.
“We pay lip service to the presumption of innocence, but I don’t think we really consider it,” Bytensky said.
Shakir Rahim, who heads the criminal justice program at the Canadian Civil Liberties Association, said Zameer’s case underscores why bail is “essential” to protect Canadians, even those accused of serious crimes. .
“Without bail, Mr. Zameer, an innocent man, would have spent three years in prison,” he said. “This case is not unusual. “Half of criminal cases in Canada do not end in a guilty verdict.”
After the jury’s verdict came back on Sunday, the judge went so far as to apologize to Zameer for what he had been forced to endure.
This report by The Canadian Press was first published April 23, 2024.