In a tragic case from Toronto, two girls have been sentenced to probation instead of custody after pleading guilty to manslaughter and assault related to the death of a homeless man, Kenneth Lee. The Ontario Court Justice acknowledged violations of their privacy rights during detention but chose to address this by reducing their sentences. This decision follows a disturbing incident where Lee was swarmed and stabbed by a group of girls. Additional trials for other involved girls are anticipated in the coming months.
The judge acknowledged the girls' privacy rights had been violated during their detention and decided to remedy this through reduced sentences instead of charges being stayed.
The pair argued their rights under the Charter of Rights and Freedoms were violated due to repeated strip searches, but the judge opted for probation instead of a stay.
Ontario Court Justice David Stewart Rose noted that strip searches were a significant mitigating factor in reducing sentences for other girls involved in the fatal swarming.
In December 2022, Kenneth Lee was allegedly swarmed and stabbed by eight girls, with some facing serious charges including second-degree murder.
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