Teen seeks reduced sentence in Kenneth Lee case over strip searches
An agreed statement of facts related to the strip searches was read in court Wednesday as part of the teen's sentencing hearing, which is scheduled to continue next month.
A teenage girl who admitted to manslaughter in connection with the alleged swarming of a homeless man in Toronto is seeking a reduction in her sentence, citing repeated strip searches during her custody.
The girl was one of eight youths, aged between 13 and 16, arrested in the death of Kenneth Lee, who police allege was attacked by the group in December 2022.
During her sentencing hearing, which will continue next month, an agreed statement of facts regarding the strip searches was presented in court on Wednesday.
According to the statement, the girl, then 13, was required to strip naked on four occasions while in custody at a facility in Kingston, Ont., in the weeks following her arrest. The document also notes she was subjected to strip searches twice at a London, Ont., facility earlier this year while being held on an unrelated assault charge, to which she has since pleaded guilty.
The statement of facts explains that the strip searches were standard procedure when the girl arrived at a facility or returned from family visits or court appearances. The Kingston facility had a policy from 2006 until January of this year that mandated youth to be completely undressed for searches. However, the London facility’s policy did not include such a requirement, though two staff members “misunderstood” the regulations.
According to a Ministry of Children and Youth Services policy, while routine strip searches are allowed, young people must not be fully undressed for any length of time.
In her testimony on Wednesday, the girl stated that she did not initially recognize that the strip searches were inappropriate. She expressed ongoing shame and discomfort related to the searches.
“I still get that feeling” of feeling dirty, she said, noting she is receiving counseling for it. “It was humiliating, to be honest… It made me feel really bad about myself,” she told the court.
She became emotional while discussing her long-standing struggles with body image issues and discomfort with being looked at by others.
At least two other girls who have pleaded guilty in the case are expected to make submissions related to their own strip searches.
In total, four girls have pleaded guilty in the case—three to manslaughter and one to assault causing bodily harm and assault with a weapon.
The remaining four girls are scheduled for trial in Superior Court next year, with three facing charges of second-degree murder and one charged with manslaughter.
Under the Youth Criminal Justice Act, the identities of the girls cannot be disclosed.
