A Family’s Fight for Justice; The Arianna Goberdhan Story

BY SIMONE J. SMITH

The call came in at about 9:43 pm on April 7^th, 2017. The young lady did not speak with the 911 operator, but the operator could hear the young lady say, “You have to let me go. You can’t keep me here. I have to go home.” The call ended, and the operator called the number back immediately picking up on the idea that this must be a domestic violence call. The young lady picked up the phone and said “Hello!” The operator followed protocol asking if the police would have to be dispatched, and the young lady said, “Yes!” On April 7^th, 2017, Arianna Goberdhan and her unborn baby daughter Asaara were murdered by the one person who should have had their best interest at heart; Arianna’s husband, and father of Asaara, Nicholas Baig.

This unfortunate story joins the many stories that have ended in such a horrific way; a young woman, loved by her friends and family and taken from this world way before her time. What truly makes this story impactful is the fact that there was a life taken before she even had the chance to live, the life of Asaara.

There is much to be learned about Intimate Partner Violence, which includes violent offenses that occur between current and former legally married spouses, common-law partners, dating partners and other classifications of intimate partnership. According to Statistics Canada, in 2017, IPV represented close to one-third (30%) of all police-reported violent crime in Canada, which affected almost 96,000 victims aged 15–89. It was also found that women were more likely to be physically assaulted by an intimate partner than by someone else. It is imperative to understand that intimate partner homicides occur within very complex interpersonal contexts and they often involve a history of violence. Statistic Canada reports that between 2007 and 2017 almost two-thirds (62%) were preceded by a history of family violence, with the primary motive in these cases often being: arguments or quarrels (50%), anger or despair (24%), and jealousy amongst a range of other emotions (17%).

Regrettably, Arianna Goberdhan became one of these statistics on the fateful evening of April 7^th. She had told her family and friends that she was going to pick up her husband from work and bring him to his parent’s home in Pickering.  Arianna and Nicholas had dated on and off for about six years prior to them getting married in November 2016. Over the years, there were many fights, some known and unknown to family and friends. Nicholas had already been charged with domestic assault, and in both cases, the charges were withdrawn. The family did not know the extent of the verbal or the physical abuse because Arianna had kept it hidden; this can be the case in abusive relationships which is why Arianna’s family is putting in overtime to have her story told.

Nicholas was arrested on April 8^th, 2017, and charged with first-degree murder after being seen on surveillance video leaving the scene. Arianna was nine months pregnant at the time, and it is for this reason that her family is outraged with Baig’s plea to a lesser charge of second-degree murder, which comes with an automatic life sentence, and a possibility of parole in 10–25 years. Crown Attorney George Hendry has suggested a parole ineligibility period of 20 years, and Baig’s defence lawyer Monte Macgregor has suggested 12–15 years before parole eligibility. Having pleaded guilty to 2^nd degree murder, he will be sentenced for the crime of killing Adrianna, but under Canadian law, he will not stand trial for the murder of their unborn child Asaara. It is disheartening to know that if she had given birth one day earlier, Asaara would have grown up loved by her family, but instead, she was robbed of this opportunity.

Adrianna’s family strongly believes that the laws need to be changed so that the next time an unfortunate situation like this occurs, it will be recognized as a double homicide, not a single homicide. They have started a petition that states;

We, the undersigned, citizens of Canada, call upon the House of Commons in Parliament assembled to pass legislation that recognizes that, when an assailant in a commission of a crime attacks a pregnant woman and injures or kills her pre-born child, then the assailant may be charged with an offense on behalf of the pre-born child.

They are urging the community to help them take a stand by signing the petition that can be found at www.ariannaslaw.com. On May 2^nd, 2019, they are inviting the community to join them at Durham Region Courthouse located at 150 Bond Street, Oshawa, Ontario, to rally and demand that the Canadian government change its legislation to recognize unborn babies as victims when their mothers are murdered. There are currently no legal rights or legal protection to a pre-born child, and under the laws of Canada, the police do not have the ability to charge an assailant for the murder or injury of a pre-born child.

If you or anyone you know has been a victim of Intimate Partner Violence, please share this article, and find a way to support Arianna’s family. Let us as a community, find a way to put a stop to these truly dismal, and heart-breaking stories.