Whitehorse Daily Star

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A LIFE MOURNED – Tanner Sinclair was killed in 2014 in Whitehorse.

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Photo by Photo Submitted

SET FOR SENTENCING – Michael MacPherson pleaded guilty to manslaughter Wednesday, and will be sentenced later this month. Photo courtesy RCMP

Man pleads guilty to fatal stabbing

Michael MacPherson pleaded guilty to manslaughter Wednesday in Yukon Supreme Court in the 2014 death of Tanner Sinclair.

By Emily Blake on February 2, 2017

Michael MacPherson pleaded guilty to manslaughter Wednesday in Yukon Supreme Court in the 2014 death of Tanner Sinclair.

MacPherson, 34, was charged with second-degree murder in November 2015 in relation to the stabbing. He had been scheduled for a jury trial next month.

Tanner’s father, Brent Sinclair, said today he was not surprised by the plea. He had expected MacPherson would be found guilty by a jury, but would rather the case be taken to trial.

“It’s numbing; it’s sad that we have no justice system,” he told the Star from Alberta.

“We have a flawed, pathetic, liberal excuse for a legal system, but there is no justice system at all.”

Sinclair spoke of a lack of communication among the courts, the RCMP, and his family, and noted issues of overcrowding in Canada’s justice system.

According to the agreed statement of facts filed with the court, a fight broke out between MacPherson and Sinclair during a gathering on July 14, 2014 at a home in Whitehorse’s Cooper Ridge neighbourhood. It was over mechanical issues with a truck that Sinclair had sold to MacPherson.

Although arrangements were made to fix the truck, “there was unresolved tension between them because Mr. MacPherson hadn’t paid for the parts.”

A witness stated that while she did not see the knife, she heard the stabbing, as well as Sinclair saying “Enough!” and “He is stabbing me!”

Sinclair suffered four stab wounds to his torso and back and one on his left arm from the attack.

He died of his wounds on the morning of July 15, 2014 in hospital. He was 27 years old.

Sinclair, a native of Pincher Creek, Alta., moved to Whitehorse two years before he was killed and worked as a sheep hunting guide.

At the time of his death, he was working at Glacier Drilling and was well known within the hunting community.

He was posthumously awarded with the Wild Sheep Foundation’s prestigious G.C.F. Dalziel Outstanding Guide Award in 2015, presented annually to a North American guide.

“He became a very considerate and caring young man,” Sinclair said of his late son.

“People followed him because of his ability to handle situations and excel in everything that he did.”

Following his death, there was an outpouring of support from the Whitehorse and hunting communities for Sinclair’s wife, Whitney Sandulak, and daughter Keele.

Sandulak was pregnant with their second daughter at the time. Bennett Hope was born in September 2014.

Hundreds of people donated to an online fundraising campaign titled “Tanner Sinclairs’ Family Fund”.

The Wild Sheep Foundation donated $100,000 to the family, proceeds from the auction of two 30-day Yukon sheep hunts.

“It showed the type of individual that Tanner was,” Brent Sinclair said of the support.

“I want to thank everyone who’s been there for us in the past, and I know those people will be there as life goes on,” he added, noting that Tanner would have done the same for others.

MacPherson was released on $25,000 bail in May 2015 and flew home with his father to Victoria. He was to enter a drug treatment facility.

He was arrested for bail breaches in British Columbia in early January 2017 and appeared in court in Whitehorse the next day.

MacPherson is scheduled to be sentenced on Feb. 21.

While there is no minimum sentence for manslaughter, unless a firearm is used, it holds a maximum sentence of life in prison.

Justice Leigh Gower presided over the plea.

Comments (16)

Up 3 Down 1

Doug on Feb 9, 2017 at 6:35 am

@ Yukon guide
Also the section 145 you referred to would be for being unlawfully at large or failing to attend court when directed to after a charge is laid with the person present. That would be after an arrest or a formal summons or appearance notice of a charge is served personally to someone charged with an offense. Ie or if you go to court, and the judge orders you in person to return on a specific date...that would be the charge you are referring to. It does not include someone fleeing after a crime.
Basically if you are arrested and don't go to court on your day scheduled, or go to court but don't go back when the judge tells you that you have to, then that would be for 145.
But when someone is at large directly after a crime there is no way to formally inform them or serve them with documents so it is impossible to prove or compel them to court let alone charge them with fleeing.

Up 3 Down 2

Doug on Feb 8, 2017 at 3:38 pm

@yukon guide
I'm no judge either...but
Basically if they are legally under arrest and flee...yes that is illegal. (Being sought on an arrest warrant or for questioning is not the same). Even for an arrest the officer legally has to make personal contact with the arrested before the arrest is considered legally binding. Technically an officer could be half an inch from a man that is looking at him...he can scream he is under arrrst at the top of his lungs but if the officer doesn't touch him...the other man can turn around and run away and could not be found guilty of resisting arrest. For the arrest was never completed with physical contact.
But merely fleeing during an Investigation is a different story.

How can one prove that they knew they were being seeked even if on an Canada wide arrest warrant? Yes, it is probable that someone knows when the police are looking for them...but to prove that in court beyond a reasonable doubt is a far different story.
As far as I know there is no law that requires someone to turn themselves in to police. Sure that would be great...and save a lot of time and money. But doubt it exists.

Up 5 Down 2

Yukon Guide on Feb 8, 2017 at 10:39 am

@ Doug
I am not a peace officer or familiar with the courts, if you are, then please enlighten me.. Is there no punishment or crime committed by murderers who, after being identified and made public, fail to surrender themselves?
Criminal Code of Canada
"or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction"
Does an arrest warrant for murder signed by a judge not constitute an indictable offence?

Up 10 Down 20

anonymous on Feb 7, 2017 at 3:28 pm

The guy will get next to nothing.... Why is it alright for him to kill animals but not be killed himself? People are not more important than animals. That is what upsets me.

Up 2 Down 2

Doug on Feb 7, 2017 at 3:07 pm

@ Yukonguide.

What section of the criminal code do you insist he be charged with for that??

Up 33 Down 4

Lindsay on Feb 3, 2017 at 10:00 pm

If any of you seen the detailed statement of facts from the plea you would be even more disgusted. It makes no sense how this plea was accepted. Thank goodness we get to stand up in front of the court and give our victim impacts statements before the sentencing is given. Feel free to join us outside the courthouse on the day of to protest. I'm not letting this go without a fight. Find me on Facebook. Lindsay Sin I'll give more details.

Up 28 Down 3

Cliff W. on Feb 3, 2017 at 6:53 pm

@Roy don't hold your breath for a stiff manslaughter conviction. We had one guy strangle his wife and was convicted of manslaughter because they didn't think they could make a murder charge stick. He claimed black outs and didn't remember anyways - guilty of manslaughter with a five year sentence for a premeditated strangling.

Up 55 Down 7

YukonGuide on Feb 3, 2017 at 12:41 pm

This POS murdered Tanner, ditched a vehicle (someone helped him) drove to BC, hid out for 2 weeks, then turned himself in cowering behind his lawyer. Can someone please explain why there are no additional charges for evading police on a 2 week manhunt? All the resources spent trying to locate him and at the end we call it square?

Up 45 Down 7

Not fair, not manslaughter on Feb 3, 2017 at 3:12 am

Not manslaughter. Why would McPherson have had a knife if he didn't plan to use it during the fight? Manslaughter is accidental; after reading about his violent history, and the fact that he has a knife there during an altercation, he is lucky he isn't being tried before a jury. May he rot....since manslaughter can carry life, do us a favour, judge, and give him life. He stole Sinclair's life and Sinclair's family is forever affected.

Up 20 Down 42

Just the facts on Feb 2, 2017 at 6:48 pm

From Tanners father:
“We have a flawed, pathetic, liberal excuse for a legal system, but there is no justice system at all". Ah yes, leave it to the redneck Albertan to bring out the L word.
Look, this is a sad situation. Period. A wife lost her husband, two children without their dad, gather without his son, but how did it get there? The article says that the fight was started by both of them. No excuse for the knife, obviously, or for killing a man, but there's a history here we are not privy to. Obviously the prosecution didn't feel it had a solid enough case for a slam dunk second degree murder charge, and it would never have made a successful 1st degree charge, hence the plea down to manslaughter. The guy will still do serious time. It's the "legal" system, not the justice system. Careful what you wish for. It ain't perfect, but it's the best we got.

Up 20 Down 5

Roy on Feb 2, 2017 at 5:44 pm

Read up on manslaughter here: http://laws-lois.justice.gc.ca/eng/acts/C-46/page-53.html?txthl=manslaughter#s-232
This guy isn't necessarily getting off lighter, he could still get life.

Up 14 Down 29

Adele Sandrock on Feb 2, 2017 at 5:27 pm

Why is it not possible to publish a less bloody picture?

Up 37 Down 5

June Jackson on Feb 2, 2017 at 5:10 pm

Such a senseless tragedy..

MacPherson should be put to work and every cent he makes diverted to the wife and 2 small children that Mr. Sinclair leaves..they should never be looking for welfare, be asking for food at a food bank or wanting for a damned thing. I know families are helping out..but that lets MacPherson off free, as I am sure the courts will.. Manslaughter

Manslaughter: Definition: A homicide committed without the intention to cause death, although there may have been an intention to cause harm.

My opinion only, but I think the charge is a joke. Mr. Sinclair was stabbed 5 times... to me, that is clearly second-degree murder Definition: A deliberate killing carried out without planning that does not fall under any of the categories of first degree murder.

Up 26 Down 5

jc on Feb 2, 2017 at 4:42 pm

Don't expect any justice here. The perp will get 3-1 for time served. He'll be out before his 40th birthday.

Up 41 Down 6

Thomas Brewer on Feb 2, 2017 at 4:18 pm

Shame on the prosecution for not pursuing a murder 2 conviction.
This was no manslaughter.

Up 80 Down 7

Unjust on Feb 2, 2017 at 4:09 pm

The system for sure is flawed when an argument turns to a fight and a knife is used to kill a man. This results in a manslaughter charge!!! Our family was also slighted by the same process and the result a manslaughter charge to a brutal 1 st degree murder. I feel the Sinclair families pain, the only benefit to a plea is the family will not have to go through a horrific detailed trial.

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