The high-profile investigation and media coverage have drawn controversies, including accusations of indifference by the Toronto police towards the LGBTQ, racialized and homeless persons.
Use of the term serial killer In mid-November 2017, Richmond said that there was no evidence to establish or exclude that a serial killer was responsible for the disappearances.
Alleged 2016 assault In early March 2018, Idsinga said that he learned of "concerning information" in the case which he immediately reported to the professional standards unit;
Handling of missing persons cases The TPS receives over 4,000 missing-persons reports each year, with most resolved within a few days. 51 Division, which includes Church and Wellesley, had 600 missing persons between 2014 and 2018 and about thirty cases remained open in March 2018. According to Lusia Dion, who runs the website Ontario's Missing Adults, missing men are taken less seriously as, "We tend to think they can take care of themselves." The circumstances of a disappearance are considered by TPS before committing resources to a search, especially for an adult. The city had been working to reduce the TPS budget, which exceeded $1 billion in 2016. In July 2017 the TPA claimed that there was a staffing crisis with working conditions at "a breaking point", noting that staff had been reduced by 500 officers since 2010 while a budgetary task force recommended a hiring freeze. An unexpected number of early retirements were attributed by the TPA to stress and morale, and McCormack noted "when we have a stressed-out officer, when we have people who are burned out, it really does impact public interaction". On December 8, 2017, Saunders announced an internal probe to assess the TPS's response to Tess Richey's disappearance, to determine if there was a procedural, training or other issue. He specifically noted the importance of call uptake and absorbing the circumstances of a reported disappearance. At a February 29 TPSB meeting, Mayor Tory moved to have the internal report made publicor as much as could be released given the ongoing investigation and legal proceedings. The board and Saunders agreed to hear public input on the report. Alloura Wells' family claimed Toronto police officers told them that her case "was not high priority" because she was homeless for several years. Her disappearance was reported by her father in early November 2017, four months after her Facebook account went dormant. Her body had been found on August 5, but was badly decomposed and was not identified until November 23. The person who found Wells' body informed both police and
The 519 community centre, but 519 staff failed to follow up with police or transgender-focused organizations. Wells' friends say that this resulted in her body being unidentified for months. In mid-December, 519 executives apologized for their "mishandling of information" but placed full blame on the police. A petition started that month called for the resignation of the 519's executive director, alleging prejudice against transgender and homeless people. The 519 board called for an independent fact-finding review of the allegations. Tory has been supportive of police while acknowledging legitimate questions about the investigation that would be answered in due course. Councillor
Kristyn Wong-Tam, whose ward includes Church and Wellesley, supported police at the time of McArthur's arrest when they expressed gratitude and noted that it was a complicated case. But by the end of February they said that the police relationship with the community had to be rebuilt and in early March that they were "no longer surprised" by "incompetence" in the investigation. At McArthur's sentencing in 2019, Justice McMahon praised TPS for their investigation. Pride Toronto had been in closed-door talks about the TPS returning to the parade after controversially being banned in 2017. Progress was made but criticisms following McArthur's arrest led to an April 2 statement by Pride's executive director and five LGBT organizations asking the TPS to withdraw its application to march in uniform. The statement cited community feelings that investigations were "insufficient" and that concerns were "dismissed". Saunders had hoped that participation would demonstrate a "shared commitment to progress and healing", and considered the many TPS members who identify as LGBTQ and wished to march in the event built on inclusiveness. In a March 9 statement, Saunders said that he understood the public's frustrations with the limited information that had been released during the investigation. He announced finalized plans for a dedicated missing persons unit, community outreach, and a professional standards review of the Richey and Wells cases. He also stated that he believed there were serious issues of systemic bias which required an independent external review, and that he had been working with other officials on how to hold such a review without affecting investigations and prosecutions. The missing persons unit, staffed by six police detectives and an analyst, began work in July 2018. They have been tasked with digitizing and reviewing thousands of missing persons files dating to 1953, and to act as a central hub to review each active missing persons case. Their protocols are intended to flag suspicious disappearances in the early hours of an investigation and detect if broader investigations are warranted. Investigations will continue to be run by officers in each of the TPS's seventeen divisions. The Missing Persons Act would make it easier for police to obtain judicial orders for access to phone records or financial information in a missing persons case. Previously police could only obtain such records if a crime was suspected. The Act was passed in March 2018 by Ontario's
Liberal government as part of Bill 175, but it has been stalled by the new
Progressive Conservative government of
Premier Doug Ford with no timeline for bringing it into effect.
External review In January 2018, the Alliance for South Asian AIDS Prevention (ASAAP) demanded that the TPSB commission an external review of the investigation. In late February Saunders came to the conclusion that the public could not get clear and credible answers without an independent external review, and suggested as much to Tory and Andy Pringle, chair of the TPSB. He further suggested that the review consider systemic bias in the force. Tory's March 7 call for a public provincial inquiry was reviewed by Ontario's attorney general, who cautiously suggested that it wait until after criminal proceedings. In mid-March, a group of LGBTQ advocates demanded an immediate inquiry. Legal experts suggested that criminal investigations and prosecutions be protected by a publication ban on witness testimony, or by preserving records and taking witness statements under seal until the trials were over. Protocol for an external review was debated on March 22 by the TPSB, which voted to back an external review that would exclude the McArthur serial murder investigation. In mid-April, the board unanimously approved a working group to define the specifics of the external review. The group consisted of TPSB member Ken Jeffers, ASAAP board member Shakir Rahim, sex-worker advocate Monica Forrester and lawyer Sara Mainville who specializes in cases involving
indigenous peoples. The TPSB named Breese Davies, vice-president of the Criminal Lawyers' Association, in a facilitator role. The TPSB had to request $25,000 from the city's budget committee for the working group and its legal consultation fees. The working group reported on June 15 that the missing-persons investigations of McArthur's alleged victims could be examined up to the point at which the investigations involved McArthur. They estimated that the inquiry would take 15 months and cost $2.5 million. Tory was adamant that the community be adequately consulted and increased this figure to $3 million, which would go before city council. The review is to examine TPS handling of missing-persons reports, biases within the service, and any obstacles that prevented Lisowick and Kanagaratnam from being reported missing. Specific investigations to be examined will include Project Houston, Project Prism, and the investigations into the deaths Alloura Wells and Tess Richey. Past reviews are also to be examined including the review into the
1981 bathhouse raids, the city auditor's report following the
Paul Callow investigation, and the
Missing Women Commission of Inquiry following the
Robert Pickton case in
British Columbia. On June 25, on the recommendation of the working group, the TPSB announced that it had retained Justice
Gloria Epstein, who would retire as a part-time Ontario Appeal Court judge on September 1 to lead the review. Epstein had been appointed to the Ontario Superior Court of Justice in 1993 and made
a prominent ruling that the
Ontario Family Law Act definition of
spouse was unconstitutional because it discriminated against homosexual couples. Epstein asked Mark Sandler to serve as the review's legal counsel. In October, the review was compiling documents and establishing an advisory panel to aid "extensive outreach to the community." The advisory panel was named in January 2019, and included Forrester, ASAAP executive director Haran Vijayanathan, activist Ron Rosenes, Indigenous lawyer Christa Big Canoe, former Ontario Court of Justice chief Brian Lennox, former member of the Gay Officers Action League Michele Lent, workplace human rights lawyer Andrew Pinto, and Parkdale Queen West Community Health Centre executive director Angela Robertson. When McArthur pleaded guilty to eight murders on January 29, 2019, it removed concerns regarding his fair trial rights. Epstein wrote a letter to the TPSB requesting a mandate to fully examine the investigation and perform a more thorough review. Pringle was taking it under advisement, while consulting with the Ontario Attorney-General; a public inquiry can only be ordered by the provincial government. The same day, Tory spoke in favour of a "broader inquiry". A spokesperson for the Ministry of the Attorney General declined to comment as the matter was still before the courts.
Civil litigation lawyer Douglas Elliott suggested that rather than conducting separate investigations, that Epstein be named to lead a public inquiry with a provincial mandate and
subpoena powers.
Media use of photos Canadian media have drawn criticism for the imbalance in images of McArthur and his alleged victims. One widely published picture is of McArthur smiling at the camera as he posed at
Niagara Falls. Lisowick, in comparison, was mostly known by a police mug shot. TPS spokesman Mark Pugash explained that they only release pictures if there is a "valid investigative purpose". Media outlets with tight deadlines obtain photos from the
Internet, and copied pictures from McArthur's
Facebook page and online dating profiles within minutes of his arrest. Flattering pictures that he had used to define himself thus became his image in the media. The slain men who had Facebook accounts posted fewer pictures and Lisowick, a homeless man, had no digital footprint; so the first available picture was a police-released mug shot. Editor Kathy English said that the
Toronto Star would continue to publish Facebook photos of McArthur as a journalistic duty to report reality. Editor Sylvia Stead of
The Globe and Mail stated that "true news photos" should be recent, like courtroom sketches, and that the balance should be in favour of the victims. Nicki Ward, a director of the Church-Wellesley Neighbourhood Association and graphic artist, obtained a photograph of Lisowick at a vigil which she cleaned up and shared with media outlets so that his mug shot would not have to be used. Another controversial photo was that of a dead man which police released in hopes that the public could help identify him. The
Star chose not to publish the photo because of its disturbing nature. A version cleaned up by Ward to better represent the man in life and a sketch by a TPS forensic artist were released at an April 11 news conference.
#LoveWins A free concert called #LoveWins was initiated by Kristyn Wong-Tam, the only openly LGBTQ member of city council. In production since December 2017, the event went public on March 7 through a news release and Facebook page, described as "part vigil, part celebration". The proposed March 29 event drew criticisms, from logos of corporate sponsors to holding a celebration when the unnamed dead were still in forensic laboratories. The event was chaired by
Salah Bachir, president of Cineplex Media, who identified as a "queer Arab man" and was both sad and angry about the crimes, having known some of the victims personally while his sister was a landscaping client of McArthur's. Sara Malabar, who produced the opening and closing events for 2014
WorldPride, started a Facebook page titled "Stop Love Wins Concert" and threatened to organize a protest if it was not cancelled. Another critic noted that events are pressured to go mainstream when attracting corporate sponsors, and overlook the needs of the community that they are meant to address. It was also noted that marginalized communities could make better use of the resources than by throwing a party. On March 10, Wong-Tam's website announced that the event would be postponed to address concerns, admitting that the event had sparked unnecessary division at a historic moment for the community. Malabar offered to help in creating a more appropriate event, with more LGBTQ performers. ==Media coverage==