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Decision to exclude McArthur homicide probe from missing persons review raises questions

How the Toronto police handle cases involving missing people will be subject to an independent review, but a decision to exclude the Bruce McArthur serial murder investigation from that review is raising questions.

If the McArthur investigation is off limits, will review be the critical look it's supposed to be?

Protesters used Thursday's Toronto Police Services Board meeting to share their frustrations with the ongoing investigation into alleged serial killer Bruce McArthur. (CBC)

How the Toronto police handle cases involving missing people will be subject to an independent review, but a decision to exclude the Bruce McArthurserial murder investigation from that review is raising questions.

Advocates wonder whether the review will actually get the answers that the city and LGBTcommunity want.

The Toronto Police Services Board voted to back Mayor John Tory's motion for an external review on Thursday, but the boarddoes not wantthereview to interfere with the ongoing investigationinto the six homicides that McArthuris accused of committing, nor any other charges that may be laid, or any eventual criminal trial.
Brian De Matos is skeptical about the selection process for the panel, saying he doubts it will be diverse enough. (CBC News)

As Brian DeMatos of the group Queers Crash The Beat sees it, that restriction defeats the whole purpose of the review.

"This is a PR campaign that they are using so they can shield themselves from any actual, true criticism," Matossaid.

The board will spend the next month recruiting an advisory panel made up of one boardmemberandthree LGBT leaderswho have experience working withpeople invulnerablecommunities, such asthe homeless andsex workers.

Critic skeptical of selection process

But De Matos is skepticalof the selection process, saying he is worried the panel will notbediverseenough.

"White,cisgender, wealthy gays were never the target of Bruce McArthur," he said.

Since January, questions have emerged about how police dealt with the disappearances of six men, most of whom vanished from the area known as Toronto'sgay village and surrounding areas. McArthur is charged with first-degree murder in their deaths.

Two weeks ago, Toronto Police Chief Mark Saunders released a statement saying he will back an external review ofmissing persons cases. The statement came days after it was revealed thatToronto police officers interviewed McArthur, now 66, years before he was charged earlier this year with the six slayings.

ShakirRahimof the Alliance for South Asian AIDS Prevention (ASAAP) says the review will be useful, even if will notdeal with the homicide investigation.

"The alleged victims ofMcArthurwere subject to missing person investigations before their cases became criminal in nature andMcArthurwas a suspect,"RahimtoldCBCToronto.
This combination of photos shows the six men McArthur is charged with killing. Top row, from left to right: Skandaraj Navaratnam, 40, Andrew Kinsman, 49, Selim Esen, 44. Bottom row, from left to right: Dean Lisowick, Soroush Mahmudi, 50, and Majeed Kayhan, 58. (CBC/Toronto Police Service)

Rahim is referring toSkandarajNavaratnam,MajeedKayhanandAbdulbasirFaizi,whose disappearances were investigated as partin Project Houston.

That task force dissolved after a year and a half, with police citing alack of evidence of foul play.

"Did they close the case too early?" asked Rahim,as he listed the other questions that his organization has been asking for a long time.

Rahimwants to know whether the community was effectively consulted during the project, whether any conclusions were made by investigatorsabout why the persons were missing and whether "those were based on appropriate conclusions that were culturally competent."

He said thoseare all questions that can still be answered in the external review.

Community panel has a say in scope of review

Thescope of the review is not fully defined yet and the four-person panel willhelp to shape the review, as long as it doesn'tincludethe handling of the Bruce McArthurcase.

Mayor John Tory's proposal for an independent external review included the creation of a community panel that will be made up of local voices. (Christopher Dunsieth/CBC News)

The review therefore couldchallengehow thoroughan investigation Project Houston was.

The panelcan explore ways to improve howpolice interact with vulnerable populations, as long they don't talk about the case involving Dean Lisowick, a man with no fixed address who isone of McArthur'salleged victims.

"Questions about the scope of the review are top of mind for everyone," Toronto Police Services Board chairAndy Pringlewrotein a statement to CBC Toronto.

"We also recognize that it is imperative not to jeopardize the ongoing criminal investigation and prosecution for the sake of the board and the service, and in particular, the community, and the victims."

Dissatisfied advocatescall for provincial inquirynow

For some, acritical review is best led by the province.

DouglasElliott, an lawyer whoserved on previous public inquests, including the one that probed the 2012 AlgoCentre Mall collapse in Elliot Lake, Ont.,saidit would be the best way forward.

"We cannot wait until the criminal justice system has completed its work," said Elliott, rejecting the notion that an inquiry and its findings could cause a mistrial.
Ontario Attorney General Yasir Naqvi says he supports the structure of the review the mayor put forward. (CBC NEWS)

"An accused person has been identified and he is not going to be released from custody just because an inquiry has been launched. He's not going anywhere," he said at the Church-Wellesley community hub, known as the 519.

"We all want the police to identify all the victims and to lay all of the appropriate charges. However, let's face it, if convicted of any of the charges that have already been laid, the accused man will never leave prison alive."

But OntarioAttorney General YasirNaqvi,has not changed his mind on the matter.

"I think it's important that we let the Toronto Police Services Board do its work," he said to reporters on Thursday.