Two Teen Girls Denied Bail in Fatal Toronto ‘Swarming’ Attack

Bail granted amid calls for judicial reform

Police have identified the Toronto man allegedly stabbed to death by a group of teenage girls as 59-year-old Ken Lee. (The Canadian Press/HO-Toronto Police Service)

A judge has denied bail for two of the eight teenage girls charged with second-degree murder involving the death of a homeless man in downtown Toronto in a “swarming” attack. Four of the other girls have already been released on bail and two are awaiting bail hearings later this week.

Justice Maria Sirivar had reserved her decision following the two girls’ bail hearings last month, but announced her decision to deny bail on Tuesday.

A pre-trial publication ban is in place on any evidence described during the hearings to protect the integrity of a prospective jury pool. The names of the accused minors cannot be published under the Youth Criminal Justice Act (YCJA).

The denial of bail comes amid national calls for bail reform—calls to limit the ease with which bail is granted. Some have also called for reforms to the YCJA in reaction to the attack, saying the names of the alleged perpetrators should be released in this, and similarly serious, cases.

Judicial Reform

Criminal defence lawyer and commentator Ari Goldkind told the Epoch Times that many are concerned about a lack of consequences for young offenders. “For 16 and 17 year olds who commit murder, that requires some thought and intention,” Goldkind said via email.

“To know there are minimal real consequences for those actions, and [they will have] anonymity for the rest of their lives—so that any person sitting next to them in class or at work, any future employer or partner will never know that person has killed or stabbed somebody—that is at least a conversation we should be having. Even if the current policy is the right one,” he said.

Eric Shum, brother-in-law of victim Ken Lee, published a letter he wrote to Ontario Premier Doug Ford and other officials calling for changes to the YCJA. He commended Ford for joining other Canadian premiers in asking the federal government to make bail reforms.

“I hope that you will also support changes to the Youth Criminal Justice Act,” Shum said.

“Why do we need to protect their privacy?” Shum asked, regarding the accused girls. “Society needs to know who these perpetrators are; especially if they are attending school. As a parent, I would want to know if a perpetrator was in my child’s school or my child’s class.”

The suspects who have been released are under various bail conditions. The first girl to receive bail is allowed to leave her home only to go to school, according to Reuters. The other girls face various conditions, including limited use of the Internet and a prohibition against contacting the other accused. The fourth girl to receive bail, on Jan. 31, is not allowed to leave her home.

Toronto Police Association President Jon Reid is among those calling for bail reform. He told The Epoch Times that, in general, Toronto police don’t have the manpower to enforce bail conditions.

“We don’t really have the robust system in place as we used to, to follow up on these individuals to make sure that they are actually—as an example, if they’re under house arrest, making sure they are at their house,” he said.

Moved to Open Detention Facilities

The two girls who were denied bail on Tuesday have been moved from secure facilities to open facilities.

Open detention facilities are “generally smaller residences located in the community where youth can have access to staff-supervised programming in the community,” according to the website for the Ministry of Children, Community and Social Services.

Secure facilities are “generally larger sites, which have higher security measures.”

The attack occurred on Dec. 18 near York Street and University Avenue. The girls range in age from 13 to 16 and police have said they probably met each other through social media. They allegedly stabbed Lee, a 59-year-old homeless man, who later died of the injuries.

Lee’s sister, Helen Shum, said in a statement accompanying a fundraising campaign that Lee was “experiencing some bad luck and he left home determined to get his life back on track” last fall.

“We ensured that he knew we were always here for him and were waiting for him to return home. He wanted to resolve his issues independently, and we understood and respected his wishes,” she said.

“Although the circumstances are not fully understood, we were told he was protecting his friend that was being attacked by these girls,” Shum said. “Ken was a kind soul. He would help anyone in need, whether a close friend or just an acquaintance.”