Showing posts with label canadian justice system. Show all posts
Showing posts with label canadian justice system. Show all posts

Tuesday, April 23, 2024

Look Before You Speak


It is obviously just human nature to sometimes react with outrage and certitude when confronted with something that seems to beggar common sense. We have likely all experienced such a response at one time or another. The recent acquittal of Ulmar Zameer, charged with murdering a police officer, is an object lesson in caution.

You will likely recall that when the charge was brought down in 2021, prominent politicians like John Tory, Patrick Brown and Doug Ford reacted with very public disgust and outrage over the granting of bail to Zameer. It seemed inexplicable to many that a man charged with first degree murder of a police officer should not be vegetating in jail until his trial. The problem was that the judge had placed a publication ban on the reason bail was granted.

While Tory has expressed some regret over his comments, neither Brown nor Ford (the later not known for either introspection or humility) have spoken a word. At least the judge in the trial, Justice Anne Malloy, expressed her apologies for the costly ordeal that the Zameer family underwent. 

While apologies might seem a mere pro forma gesture, I suspect it can do a great deal to help assuage the trauma of the family and rehabilitate Zameer's reputation; the charges led to the losss of his job, his house, and his freedom (house arrest pending trial).

Referring to Justice Malloy's apology, Andre Phillips writes that Tory, Brown and Ford should do the same:

Those politicians ought to do at least that much. They ought to apologize to Zameer for getting it so wrong and stoking public hostility toward someone who was ultimately found to be no more than a participant in a tragic series of mistakes.

They should have known better. They were clearly pandering to public opinion, which was understandably outraged by the death of an on-duty police officer. In the absence of any actual evidence about what happened that day in the parking garage under Toronto City Hall, it was all too tempting to play the “jail, not bail” card.

Two of them (Tory and Brown) are lawyers. They should have been particularly sensitive to the importance of the presumption of innocence — the foundation of our system of criminal law. It’s also the underlying reason why people charged with crimes have a presumptive right to bail in most circumstances.

It’s not a matter of “coddling criminals,” as grandstanding politicians often claim these days. It’s a basic principle that people shouldn’t be deprived of their freedom until it’s proven in a court of law that they actually committed a crime.

And there was another factor at work in the entire ordeal, say Phillips.

 All these leaders whipped up public opinion against an innocent man. The fact that Zameer is from Pakistan made it worse, exposing him to xenophobic hatred. The system eventually worked, but no thanks to politicians and others who jumped to conclusions before the facts were in.

They — and the rest of us — should learn some lessons from that. The first is: when you don’t really know what happened, just shut up. 

On that I'll end, with just one more note. A Go Fund Me Campaign exists for those wishing to help the Zameer family defray their legal costs.