"We Never Say His Name": CBC Coverage of Day One of Bruce McArthur's Sentencing Hearing, 2019

Name: "We Never Say His Name": CBC Coverage of Day One of Bruce McArthur's Sentencing Hearing, 2019
Uploaded: 2019-02-04T00:00:00Z
Duration: 9 min 29 s
Description: CBC News Network's coverage of February 4, 2019, the day the agreed facts of Bruce McArthur's crimes were read in court and families began their impact statements, with a community advocate and a defense lawyer's analysis. McArthur is not heard.

CBC News Network's coverage of February 4, 2019, the day the agreed facts of Bruce McArthur's crimes were read in court and families began their impact statements, with a community advocate and a defense lawyer's analysis. McArthur is not heard.

Subject: Bruce McArthur
Recorded: about February 4, 2019
Runtime: 9:29

Content warning: Describes the murders of eight men, photographs taken of the victims after death, the staging of bodies, and mementos kept by the killer. No further graphic detail.

The Interview

This is 9 minutes 29 seconds of CBC News Network coverage, posted by CBC News on February 4, 2019, the first day of Bruce McArthur's sentencing hearing in Toronto. McArthur is not heard: cameras are not allowed in Ontario courtrooms, and the impact statements read in court are summarized by the reporter. The speakers are the anchor, introduced only as Andrew; reporter Stephanie Skenderis, outside the courthouse; a community advocate from the Alliance for South Asian AIDS Prevention (ASAAP), in a recorded clip; and Jordana Goldlist, a Toronto criminal defense lawyer, in the studio.

Historical Context

Between 2010 and 2017 eight men, several with ties to Toronto's Gay Village, disappeared. Bruce McArthur, a self-employed landscaper, was arrested on January 18, 2018. The remains of seven of the men were found in planters at a property on Mallory Crescent where he worked, and the eighth in a ravine behind it. On January 29, 2019, he pleaded guilty to eight counts of first-degree murder.

Circumstances

The sentencing hearing opened on Monday, February 4, 2019, before Justice John McMahon of the Ontario Superior Court of Justice. The Crown read an agreed statement of facts, and families, friends and community members began reading impact statements. On February 8, 2019, McArthur was sentenced to life imprisonment with no eligibility for parole for 25 years, the periods to run concurrently; he will be 91 before he can apply.

What the Recording Covers

The reporter says 21 statements were expected and 13 would be read aloud, with "long pauses" and "lots of tears." She summarizes statements about Skandaraj Navaratnam, Selim Esen, Dean Lisowick, whose daughter's statement was read by a Crown attorney who teared up, and Andrew Kinsman, one of whose sisters said, "We never say his name." The ASAAP advocate describes the community impact statement: "it's left an aura of distrust within the community." The reporter says McArthur stared straight ahead, and describes the agreed facts: photos McArthur took of the men after death, a file kept on each victim, mementos, DNA found in his van, and his arrest after police rescued a man from his apartment. In the studio, Goldlist discusses what impact statements mean to families and to offenders ("if someone is seeking gratification from taking a life, they probably aren't fazed"), the choice between consecutive and concurrent parole ineligibility, and the judicial pretrial that would have preceded the plea.

What Makes the Recording Significant

Because no courtroom video exists, same-day coverage like this is the closest audiovisual record of the day the details of McArthur's crimes were first made public and the families spoke.

Archival Importance

It is the sentencing companion to CityNews's plea-day report and to McArthur's 2016 Toronto Police interview, after which he was released.

Important Caveats

McArthur is not heard, and the impact statements are paraphrased by the reporter. The anchor's surname is not given. The ASAAP advocate is not named in the recording; reporting identifies ASAAP's executive director, Haran Vijayanathan, as the author of its statement, but this is not confirmed on screen and the page should label him by role unless the on-screen graphic is checked. The reporter's "200 years" refers to consecutive parole ineligibility, which the judge did not impose. The family members who wrote statements, and the man rescued at the arrest, are not named and must not be named.

Cbc Anchor: The family and friends of the eight victims of Bruce McArthur are getting their chance to describe their loss, one by one, in a Toronto court. They're reading about the impact the serial murderer has had on their lives. All of this after the court heard new details about how the murders took place, in a lengthy statement of fact. Now, warning: some of what you are about to hear is very disturbing. The CBC's Stephanie Skenderis is outside the University Avenue courthouse with the latest. So, Stephanie, let's start with the victim impact statements. Tell us what you're hearing.

Stephanie Skenderis: Andrew, I've been going in and out of the courtroom here in Toronto, and I have to tell you, it's really hard to hear what people are saying about their loved ones who were murdered by Bruce McArthur, family and friends speaking. There are long pauses. There are lots of tears. We're anticipating 21 statements in total; 13 of them will be read aloud, some people reading for themselves, some reading on behalf of others. We're expecting those 13, we'll get through them all today. I can tell you a little bit about what people are saying. I've been making some notes.

Stephanie Skenderis: A friend of Skandaraj Navaratnam describing him as, you know, great at Scrabble, irreplaceable to his friends and family. The family of Selim Esen described him as kind and generous. One of the really emotional moments we just heard, Andrew: a Crown attorney tearing up as he read a statement from the daughter of Dean Lisowick. You may remember, he was the man who lived in and out of shelters. He was the one who was never declared missing. The daughter said she didn't really have contact with her father, but she always wondered where he was. She wondered, you know, maybe he's somewhere good, but what happened to him was worse than she could ever imagine. She says when she heard what happened, it didn't feel real. She never knew her father. She thought there would be a chance that she would be able to meet him and talk to him. Now there's no way to know what could have been. She said she has a child, another baby on the way. One day they will ask her about her father, and she'll have to tell them about how he was taken away from the world.

Stephanie Skenderis: We have heard many statements from, about Andrew Kinsman, from friends and family and community members who worked alongside him. He was very well connected to the LGBTQ community here in Toronto. His sisters described him as generous, thoughtful, compassionate. They talked about the impact this has had on them. They say they find it difficult to sleep. One says she lies awake at night thinking about his death. They're less trusting now. They say that a wonderful man has gone from the world, "murdered by him," pointing at Bruce McArthur, but she said, "We never say his name." Another statement, Andrew, we'll hear at some point today will be a community statement from an advocate for Toronto's Gay Village community. He talked to CBC News and told us about what he said in his statement. Have a listen to that.

Community Advocate: It was a community impact statement that we said, that we submitted as ASAAP, the Alliance for South Asian AIDS Prevention, not a victim impact statement specifically. So we spoke about how, you know, this has really troubled the community, especially, and I went right back to 2010 and 2012, to talk about how Middle Eastern and South Asian men went missing, and how now it's left, you know, an aura of distrust within the community, of people and dating and relationships, and talking about the mental and physical strains that has put on people. People are hesitant to go out, to meet people, date. You know, there's a lot of depression, anxiety that comes in. So, you know, and we've been offering a lot of these spaces for people to come in and share some of their thoughts and feelings. And so that's what we use to put into our community impact statement.

Stephanie Skenderis: Now, Bruce McArthur is in this courtroom, Andrew. He's listening to all of these people describe the impact of his crimes. From what I can see, just the back of his head, he seems to be staring straight ahead. He's wearing the same clothes he's worn before in courtroom appearances, a plaid shirt under his sweater. But, as I said, just, just staring straight ahead as people, you know, sometimes speak to him, sometimes won't even look at him. At some point, the justice, the judge here, will have to decide how to sentence McArthur. We know that murder carries an automatic life sentence with no chance of parole for 25 years. McArthur committed eight murders, so the judge will have to decide whether to sentence him consecutively or concurrently. If it is consecutively, well, he won't be able to apply for parole for 200 years, Andrew.

Cbc Anchor: And earlier the court heard more about the murders themselves. What new details emerged there, Stephanie?

Stephanie Skenderis: Well, those were some gruesome details that we heard earlier this morning, Andrew. We heard details about how McArthur knew his victims, and when and how he killed them. We also heard about what police found when they searched his apartment. That included dozens of photos that McArthur took after the men were deceased, how he staged them, some similarities there. The court heard about how McArthur kept a file on each of his eight victims, containing sometimes, you know, missing persons posters or news articles about the case. He also kept mementos of the men that he killed. That included, for instance, a bracelet belonging to Skandaraj Navaratnam, a necklace belonging to Dean Lisowick, a notebook from Selim Esen, things like that.

Stephanie Skenderis: We also heard details about how police cracked this case: how they eventually tracked down McArthur, placed him under surveillance, found his DNA and the DNA of some of his victims in his abandoned van. And then we heard about his eventual arrest, after police rescued a man who escaped from a terrifyingly similar situation with McArthur. You know, Andrew, some people want a full-on inquiry into why it took so long to catch McArthur, how he was able to go on killing men for seven years. So that would be up to the province of Ontario. That would be the premier and the attorney general. We know that won't happen until these legal proceedings are over.

Cbc Anchor: Stephanie, thank you. That is the CBC's Stephanie Skenderis, live in Toronto. We've been following developments today with Jordana Goldlist. She is a criminal defense lawyer based here in Toronto, and has handled several murder cases. And, Jordana, obviously this is very emotional, right, for friends and family, to make these statements. What do you think it means for them, and what kind of weight does a judge give to them, typically?

Jordana Goldlist: Well, hopefully, to the family and friends, it means some sense of closure, especially when this has carried on for so long, and they've been carrying this anger, this guilt, this hurt. And so for them, it gives them an opportunity to tell the judge more about their loved ones. And of course the agreed statement of facts gives us, as the public, and so the judge takes all of this into consideration. He needs to consider not only what is a fit sentence given the gravity of the offense, but also sends a message to the community that they are to be kept safe by the justice system.

Cbc Anchor: And you're a defense lawyer, so you have defended people who have been accused of murder...

Jordana Goldlist: That's right.

Cbc Anchor: ...who've been convicted of murder.

Jordana Goldlist: That's right.

Cbc Anchor: What kind of impact do these statements have on the accused, sometimes? Does it vary?

Jordana Goldlist: Absolutely, it varies. I mean, it depends on the circumstances of the offender. So, you know, in cases where it's a crime of passion, or someone is acting out for the benefits of a gang, and they're not so closely connected to the murder itself, that it gave them some sense of gratification, it impacts them. It gives them a different view of what they had participated in, or what crime they had committed. For others, no, it doesn't impact them at all. It doesn't affect them. I mean, the reality is, if someone is seeking gratification from taking a life, they probably aren't fazed by the other lives that this has impacted.

Cbc Anchor: After all the statements are in, [and] the Crown and defense have their say, does the judge typically move to sentencing right away, or instead would the justice take some time in preparing a sentencing statement?

Jordana Goldlist: It depends, case to case. Here, there is a lot to consider in terms of the volume of evidence being led at the sentencing hearing, but the issues in front of this judge are only one, right: should the sentences be consecutive or concurrent? And so the law on that is very well versed. There's not much for him to research. There's not very much for him to consider, other than the message he's going to send to the public.

Cbc Anchor: We are in a very public phase, right, of this hearing, the sentencing. But is there something that we don't see, in terms of the pretrial discussions that typically happen in cases such as this?

Jordana Goldlist: Yes, absolutely. And we know that Bruce McArthur had a trial date set. In order for that to happen, there would have been what's called a judicial pretrial. And so it's a meeting in a conference room between the judge, the Crown attorney and the defense lawyers, to talk about the case, what the issues are for trial, if there exist any, how long the trial will take, and then you discuss whether or not there's any prospect of resolution, which is the guilty plea. And so Justice McMahon would have already, I assume, pretried this, which means [he] would have known the details of the case that you and I are just learning as the statement of fact is read in, would have been aware of what the issues were. We know that he was provided with the victim impact statements in advance. So this is not new to him per se, and it would have been canvassed in advance.

Cbc Anchor: And McArthur will [second machine pass; captions "won't"] be given a chance to address the court. If you were his counsel, would you advise him to do that?

Jordana Goldlist: I don't know Bruce McArthur, so I don't know what impact he would have. I have clients who are articulate and apologetic and remorseful, and I encourage them to speak.

Cbc Anchor: All right. Jordana, thank you. [The video ends at 09:29.] ---