Noting “a large number of deeply troubling questions” surrounding recent missing persons cases from the city’s LGBTQ communities, Mayor John Tory’s motion at the upcoming police board meeting will call for an independent examination of systemic issues concerning police probes into such disappearances.

But because of the ongoing nature of the police investigation into Bruce McArthur and the pending criminal trial, the external review will be limited in how much it can specifically examine disappearances linked to the accused serial killer.

In a letter to his fellow police board members and chair Andy Pringle, Tory details his motion for next week’s meeting, where the civilian police board will vote on whether to initiate an external probe into police handling of missing persons cases.

The call for an independent review, supported by Pringle and by Toronto police Chief Mark Saunders, comes following revelations that police previously questioned and released McArthur in 2016 — one year before he is alleged to have killed at least two men, Andrew Kinsman and Selim Esen (police allege McArthur killed Dean Lisowick between April 2016 and March 2017).

Tory’s motion, however, states the terms of reference for the proposed review could include police policies, training and organizational structures and more that are “related to missing persons investigations, which will not include any information or discussion of the McArthur investigation and possible trial proceedings.”

Tory reiterates his support for a provincial inquiry into the McArthur investigation, noting that “counsel and others will have to determine the timing … relative to a paramount requirement not to jeopardize ongoing investigations and/or subsequent judicial proceedings.”

“I strongly believe that there is work we can and should begin now in the cause of an open and transparent review,” Tory said.

Shakir Rahim, a board member with the Alliance for South Asian AIDS Prevention (ASAAP), which was among the groups advocating for an external review, said his group recognizes that the review “cannot compromise the McArthur investigation or criminal proceedings.”

Nonetheless, “the review should consider any prior TPS investigation into missing persons, within appropriate legal boundaries,” Rahim said in an email.

As reported by the Star and other media last week, a man reported to Toronto police in 2016 that McArthur tried to strangle him during sexual encounter. McArthur was questioned but let go.

McArthur, who made a brief court appearance this week, is now facing six charges of first degree murder in the deaths of Kinsman, 49; Esen, 44; Lisowick, 47; Majeed Kayhan, 59; Soroush Mahmudi, 50; and Skandaraj “Skanda” Navaratnam, 40.

The 2016 encounter appears to be at least the second time McArthur came into contact with police. Sources told the Star McArthur was questioned prior to the 2016 incident, around the time police launched Project Houston, which probed the disappearances of three men who went missing from Toronto’s gay village between 2010 and 2012, including Navaratnam and Kayhan.

A central question to be determined if the board calls a review is whether Toronto police actions during Project Houston can be probed. A spokesperson for Tory said Friday that the question is expected to be examined by legal counsel and the working group that is proposed by Tory.

In his motion, Tory calls for the creation of a working group comprised of one member from the civilian board and three community members, who will be identified through consultation with organizations who help sex workers, homeless populations, and groups representing Indigenous people and LGBTQ communities, including ASAAP.

By May, the group will then provide a report identifying the best way to conduct an external review, including whether it should be commissioned by the board, or whether an outside agency, such as the Ontario Independent Police Review Director (OIPRD) should be brought in, or both. They are also expected to have developed possible terms of the review, including systemic concerns, especially those related to bias, and anticipated costs.

In a letter to Pringle released as part of the upcoming board agenda, Saunders said he supports the details of Tory’s motion, saying he wants to address the issues “head on.”

“I recognize that setting the terms of reference and parameters for such a process will be challenging but I am certain the board will strike the right balance between addressing the questions and concerns of the public while protecting ongoing investigations and prosecutions,” Saunders wrote.

Loading... Loading... Loading... Loading... Loading... Loading...

Last December, Saunders initiated an internal review of missing persons in the wake of questions about police handling of disappearances connected to Toronto’s Gay Village. He has also launched a professional standards review of the deaths of Tess Richey and Alloura Wells, both of whom went missing last year and were later found dead.

The Toronto police board meets Thursday.

With files from the Star archives

Wendy Gillis can be reached at wgillis@thestar.ca

Read more about: