2nd teen sentenced in death of Kenneth Lee gets 21 months probation

The second teen to be sentenced in the death of a Toronto homeless man will not serve any more time in custody but will spend close to two years under probation.

The girl pleaded guilty to manslaughter earlier this year in the 2022 death of Kenneth Lee, a 59-year-old man who was living in the city's shelter system.

In a hearing Tuesday, the girl — who was 13 at the time of the incident — was given credit for 15 months of pre-sentence custody and ordered to serve 21 months of probation under an Intensive Support and Supervision Program.

Justice David Stewart Rose noted the girl apologized in court for the pain she has caused and has insights into her conduct, which he said is important in meeting the sentencing goal of accountability.

Rose pointed to the fact that the girl was forced to strip naked during six searches at two facilities where she was held, and was placed in isolation for 24 hours after a judicial order prohibited strip searches, as a "significant mitigating factor."

"There is nothing to be gained by further custody," Rose said.

The judge said no risk assessment was included in the girl's pre-sentencing reports, but that he deemed her to be a real risk to reoffend violently if she doesn't undergo extensive treatment and counselling over the next few years.

"Her rehabilitation and reintegration require significant therapeutic intervention," he said. "[The girl] is at a delicate stage in her life. With effective help, there is reason to be optimistic that she will move into a pro-social adult life."

The girl also faces a 10-year weapons ban as part of her sentence and must maintain mental-health treatment or counselling as set out by the supervision program. As well, she cannot have any contact with her co-accused for the duration of the probation order.

Another girl who also pleaded guilty to manslaughter in the case was sentenced last month to 15 months of probation under an Intensive Support and Supervision Program after she was credited for 15 months of pre-sentence custody.

Police have alleged that Lee died after he was swarmed and stabbed by a group of girls.

Eight teens, all between the ages of 13 and 16 at the time, were arrested and charged in the case.

Four have pleaded guilty in the case — three to manslaughter and one to assault causing bodily harm.

The two who have not yet been sentenced were also in court Tuesday to challenge the strip searches they underwent in custody on grounds that their rights under the Charter of Rights and Freedoms were violated.

Staff who worked at the institutions where the girls were held have been called to testify.

Another four teens are set to stand trial next year — three for second-degree murder and one for manslaughter.