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Minister of Justice's Office: Canadians should expect support from politicians for the "right to bail" in the upcoming period.

Minister of Justice's Office: Canadians should expect support from politicians for the "right to bail" in the upcoming period.

By Mounira Magdy

Published: April 24, 2024

The office of the Minister of Justice in Canada clarified that the public should expect politicians to support their right to bail and assume they are innocent – warning that "immediate" and "uninformed" reactions only exacerbate the situation.

A jury found on Sunday that Omar Zamir was not guilty of first-degree murder in the death of a Toronto police officer who was running in an underground parking garage in July 2021.

A spokesperson for Justice Minister Arif Virani stated that the office is aware of the circumstances surrounding the incident, and that the death of Jeffrey Northup caused "deep wounds" for all involved.

The minister's office expressed its heartfelt condolences to the Northup family and also acknowledged the "emotional turmoil" that Zamir and his family have had to endure.

After the jury delivered its verdict, the judge took the rare step of apologizing to Zamir for everything he has gone through since he was first charged.

This included several months in custody until he was granted bail in a decision that sparked outrage from the Mayor of Toronto and Ontario Premier Doug Ford.

The bail decision did not clarify, until the jury was dismissed, how weak the murder case presented by the crown was.

Ford told reporters on Tuesday that he only had "limited information" when he initially referred to Zamir's release on bail as "completely unacceptable" and an example of a justice system that needed "to get its act together." He also stated that Zamir was "the responsible party."

Virani’s office stated that the public should be proud of the fact that someone's guilt or innocence is decided by "impartial" juries and judges.

Chantal O’Brien, Virani's spokesperson, said in a statement late Tuesday that Canadians should expect politicians to support fundamental rights upheld by our justice system, including the presumption of innocence and the right to reasonable bail.

"Rarely are all the facts of a case known. Immediate and uninformed reactions can worsen matters in situations that are already harming people."

The Canadian Civil Liberties Association and the Criminal Lawyers’ Association assert that Zamir's case underscores the importance of bail in the justice system and should serve as a lesson for why political leaders would be better off refraining from making such decisions.

Shakir Rahim, who directs the criminal justice program at the civil liberties group, stated that without bail, Zamir, an innocent man, would have spent the past few years behind bars.

Politicians who criticize bail decisions risk "shaping public opinion" against an individual, raising concerns about their right to a fair trial.

Rahim added that the case against Zamir highlights how charges can be brought against anyone and that innocent Canadians need the protection that bail provides.

Last year, federal Liberals introduced a set of stricter bail measures after widespread concerns from opposition Conservatives, premiers, and police chiefs that it was too easy for repeat violent offenders to be released.

Virani, who shepherded the bill through Parliament after former Montreal MP David Lametti was mixed up in Cabinet, defended the reforms as targeting those with a violent criminal history, while justice advocates warned of the risk of contributing to the overrepresentation of Indigenous peoples, Black individuals, and others in pretrial detention.

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