The Umar Zameer case demonstrates the important role defence counsel play in advocating for the innocent and protecting the integrity of our justice system.
OPINION | The views expressed in this article are those of the author.
Defence counsel are almost always villainized by the media. They are often cast as an inhumane bump on the road to justice in movies and TV shows. “We were so close to solving that crime and getting a confession until that immoral defence lawyer showed up!”
Rarely— if at all— are defence counsel celebrated for the work they do to ensure the state does not misuse its powers. Now in one tragic incident, the tireless role of defence counsel was put on stage: curtains up, bright lights and all.
The case of Mr. Zameer
On July 2, 2021, Detective Constable Jeffrey Northrup was tragically killed after being struck by the motor vehicle that Umar Zameer was driving. Mr. Zameer was charged with murdering the officer.
Justice Copeland, who at the time presided in the Ontario Superior Court of Justice, released Mr. Zameer on bail. In coming to his decision, he noted that it ran contrary to logic and common sense to have the Crown’s theory of murder rest on the following: A husband and father, out with his pregnant wife for a normal family outing, who has no criminal record but a good work and education history, wanted to suddenly kill or seriously harm a police officer for no apparent reason.
Doug Ford on the other hand, as reported by various media outlets, publicly commented on Justice Copeland’s decision to release Mr. Zameer on bail. He stated the justice system needed “to get its act together” and put “victims and their families ahead of criminals.” Do we pause here to talk about Premier Ford’s callous disregard of the Charter right to presumption of innocence by suggesting Mr. Zameer was a criminal?
Mr. Zameer as it turns out is not just “not guilty”, but he is innocent. Both accident reconstructionist experts, one called by the Crown and one called by the defence, agreed that Det. Cst. Northrup was on the ground when Mr. Zameer’s vehicle ran him over.
The initial Crown theory however rested on the evidence of the officers who were on scene and called by the Crown as witnesses. They recounted that Det. Cst. Northrup was at the front of Mr. Zameer’s vehicle, arms up to try to stop Mr. Zameer from driving forwards, before Mr. Zameer struck him. None of the expert (scientific) evidence supported this story. Rather, both the Crown and defence experts testified that Det. Cst. Northrup was not in Mr. Zameer’s view when he was hit. There is surveillance video of where the officers say they saw Det. Cst. Northrup standing at one point. He is not there on the video. The tragic ordeal was an accident. A proven accident.
The role of Mr. Zameer’s defence counsel
Fathom for a moment a world in which Mr. Zameer had no access to defence counsel. Or didn’t have defence counsel zealously advocating for his right to be released on bail. Or where defence counsel didn’t have the courage to go through with a lengthy trial when the Crown would not drop the charges. Where would Mr. Zameer be without his lawyers? In jail. For at least 3 years just waiting for his trial. Not to mention the jail time Mr. Zameer might have faced if he was wrongly found guilty.
The jury acquitted Mr. Zameer.
Since the acquittal, media outlets have been abuzz with articles citing the public outcry in the unjust prosecution of Mr. Zameer given the evidence presented. Justice Molloy, the trial judge, warned the Crown (without the jury present) that she failed to see how the jury could conclude that even a second-degree murder occurred here given the Crown’s expert evidence and the videos from the evening.
Justice Molloy apologized to Mr. Zameer after the verdict was read.
I am not minimizing the loss and tragedy that Det. Cst. Northrup’s family and friends were forced to endure. Though it’s hard to imagine what the outcome for an innocent man could have been without a rigorous defence team that fought for their client at every juncture. Lawyers Nadar Hasan and Alexandra Heine tirelessly advocated for their client to make sure justice was served in this case.
Rethinking opinions of defence counsel
If ever your brother, sister, uncle, aunt, parent or spouse is charged — as Mr. Zameer was – after a tragic accident, the value of defence counsel’s role in our society will be paramount and obvious. But hopefully you never have to endure the power of the state against you or someone you care about.
Sadly, through the accidental but no less tragic death of Det. Cst. Northrup, hopefully society can awake, feeling refreshed, from its anti-defence counsel slumber. We are important. We fight for justice every day.
Looking for more information?
Looking for articles like this one to be delivered right to your inbox? SUBSCRIBE NOW!
DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Melody Izadi
