Why it’s likely Bruce McArthur will never be free again,

Serial killer, whose sentencing hearing starts Monday, won’t be eligible for parole until he’s 91

It’s unlikely that serial killer Bruce McArthur will ever be released from prison, says one criminal defence lawyer.

McArthur, 67, pleaded guilty Tuesday to eight counts of first-degree murder in the deaths of Andrew Kinsman, 49; Selim Esen, 44; Majeed Kayhan, 58; Soroush Mahmudi, 50; Dean Lisowick, 47; Skandaraj (Skanda) Navaratnam, 40, Abdulbasir Faizi, 42, and Kirushnakumar Kanagaratnam, 37.

The sentence for first-degree murder is automatic: life in prison with no chance of parole for 25 years (although an offender can also apply for day parole three years prior to that).

Taking into account time he has already served in custody since his arrest, McArthur would not be eligible for full parole until he is at least 91, Superior Court Justice John McMahon told the serial killer in court Tuesday.

But it remains to be seen whether consecutive 25-year parole ineligibility periods will be imposed on McArthur. That question will be dealt with at his sentencing hearing, set to begin next Monday.

“Someone who is found guilty of multiple murders is never likely to be released into the community, regardless of what the parole ineligibility is set at,” said criminal defence lawyer Daniel Brown, who isn’t involved in the case.

“Certainly his age could be a factor in deciding whether or not he’s a continuing risk to the community if released, but the gruesome nature of the crimes and the number of homicides alone will likely keep him behind bars for the rest of his life.”

A person convicted of first-degree murder in Canada becomes eligible for full parole after serving 25 years of their sentence, but there’s no guarantee that parole will be granted.

Brown said recent parole board statistics show that individuals convicted of just a single count of first-degree murder typically spend at least 30 years in prison before being released.

“A guilty plea is likely a reflection of an overwhelming Crown case on many if not all charges before the court,” Brown said of McArthur’s plea.

“At this point, it’s probably a poor use of judicial resources for the Crown attorney to seek consecutive ineligibility periods given the fact that he’s acknowledged responsibility in all of these deaths, because that fact alone is going to mean he’s never going to be released.”

Those convicted of more than one count of first-degree murder used to serve their sentences concurrently, meaning that they would become eligible for parole after 25 years regardless of how many murders they were convicted of. In 2011, the federal government changed that law to allow Crown attorneys the option of asking a judge to impose consecutive parole ineligibility periods for multiple murders.

This happened recently in the case of Dellen Millard, who was convicted of first-degree murder at three separate trials for the deaths of Tim Bosma, Laura Babcock and his father, Wayne Millard. He won’t be eligible for parole until he’s 102.

In McArthur’s case, only the six murders — which were committed after the 2011 change to the law — qualify for consecutive sentences.

A three-page statement of facts was filed in court Tuesday after McArthur pleaded guilty, but more details about his crimes are expected to be presented in court at his sentencing hearing next week.

“That’s absolutely typical,” said criminal defence lawyer Annamaria Enenajor, who is also not involved with the case. “In order for his guilty plea to be accepted by the courts, he has to plead guilty to the minimum facts that would constitute the elements of the offences to which he is pleading guilty, and then any additional facts can be brought in later.”

Sentencing hearings take testimony from victims’ families and friends through victim impact statements. Expert reports about the offender, such as a psychiatric assessment, are also typically filed, Enenajor said, and the offender is also permitted to speak. She said it’s unlikely McArthur’s guilty plea will help him avoid facing consecutive sentences should the Crown seek them.