A teen girl who pleaded guilty to manslaughter in the alleged swarming of a homeless Toronto man is seeking to have her sentence reduced after she was repeatedly made to strip naked during searches while in custody.
The teen was one of eight girls – all between the ages of 13 and 16 –arrested in the death of Kenneth Lee, who police allege was attacked by a group of girls in December 2022.
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.
It says the girl, who was 13 at the time, was forced to strip naked on four occasions while in custody at a Kingston, Ont., facility in the weeks following her arrest.
The document says she was also made to strip naked twice at a facility in London, Ont., earlier this year while in custody on an unrelated assault charge. She has since pleaded guilty to that charge, court heard.
The statement of facts says the searches were routine procedures after the girl arrived at a facility or returned from a family visit or court appearance.
A written policy that was in place at the Kingston facility from 2006 until January of this year required youth to strip naked for searches, according to the agreed statement of facts. The London facility’s written policy had no such requirement but two staff members “misunderstood,” the document said.
A Ministry of Children and Youth Services policy on in-custody searches states that while routine strip searches are permitted, “the young person must not be completely undressed for any period of time.”
Testifying on Wednesday, the girl said she didn’t realize for a long time that what happened to her was wrong.
The teen said she still feels shame surrounding the searches.
“I still get that feeling” of feeling dirty, she said, adding she is speaking to a counsellor about it.
“It was humiliating, to be honest . . . It made me feel really bad about myself,” she told the court.
The girl teared up as she told the court she has struggled with body image issues since she was a child and feels uncomfortable when people look at her.
At least two other girls who have pleaded guilty in the case are expected to make submissions related to 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 set to be tried in Superior Court next year, three of them on a charge of second-degree murder and one on a charge of manslaughter.
None of the girls can be identified under the Youth Criminal Justice Act.
This report by The Canadian Press was first published Aug. 28, 2024.