Teen Involved in Toronto Swarming Death Seeks Reduced Sentence After Being Strip Searched Six Times

The Ontario Court of Justice is seen in Toronto on Sept. 14, 2018. The Canadian Press/Christopher Katsarov

A teenage girl who pleaded guilty to manslaughter in connection with the alleged swarming death of a homeless Toronto man is seeking a lesser sentence after she was made to strip naked six times during searches while in custody.

The teen is one of eight girls facing charges in the stabbing death of 59-year-old Kenneth Lee. Police allege Lee was swarmed and attacked by three 13-year-olds, three 14-year-olds, and two 16-year-olds in December 2022.

An agreed statement of facts pertaining to the strip searches was read in the Ontario Court of Justice in Toronto on Aug. 28 during the teenager’s sentencing hearing, which is set to resume in September.

The court heard that the girl, who was 13 at the time, was made to strip naked on four occasions while being held at a Kingston, Ont., facility in the weeks following her arrest.

She was also forced to strip naked twice at a London, Ont., facility earlier this year while in custody on an unrelated assault charge, according to the statement of facts. She has since pleaded guilty to the assault charge, court heard.

The searches were routine procedure each time after the girl arrived at a facility or came back from a family visit or court appearance, the document said.

From 2006 until January of this year, the Kingston facility had a written policy in place that required youth to be completely undressed for searches, according to the document. The court heard that the London facility’s written policy did not include such a stipulation but that two staff members “misunderstood.”

Ontario’s Ministry of Children, Community and Social Services had earlier this year requested input from the provincial ombudsman on regulatory amendments it was proposing that would outline additional provisions on how to conduct searches at youth justice facilities.

The ministry said the current rules under the Child, Youth and Family Services Act don’t provide detailed procedures for types of searches such as strip searches of young persons. It said formalizing those regulatory requirements would create consistency and transparency for how these searches are conducted.

The proposed amendments relating to “young person strip searches” include a provision that “the young person must not be completely undressed for any period of time.”

The teen, in testimony before the court, said that she has struggled with body image issues since childhood and that she continues to feel shame surrounding the strip searches.

“It was humiliating. ... It made me feel really bad about myself,” she told the court, adding that she has been speaking to a counsellor about her experience.

Four of the eight teenage girls charged in Lee’s death have entered guilty pleas over the past few months. Three pleaded guilty to manslaughter and one pleaded guilty to assault causing bodily harm and assault with a weapon.

The remaining four teens will be going to trial in Ontario Superior Court next year. Three will be tried for second-degree murder and one for manslaughter.

Under the Youth Criminal Justice Act, the names of the accused minors cannot be published.

The Canadian Press contributed to this article.