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Family of man killed in alleged Toronto ‘swarming’ attack breaks silence
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The family of a man killed in an alleged “swarming” attack by eight teenage girls in Toronto last month is speaking out for the first time since his death.
With the pain of his loss still raw, a statement sent on behalf of the family says they are not ready to open up in depth about their loved one, Ken Lee, but are raising concerns about what they consider “flaws” in the Canada’s Youth Criminal Justice Act.
“Just note that Ken was a kind soul with a heart of gold. He was not in the system due to alcohol or drug abuse. He was a man with pride who had fallen and wanted to learn to stand up on his own knowing that he always had his family behind him,” says the statement by Lee’s brother-in-law, Eric Shum.
Lee, 59, was pronounced dead in hospital after he was allegedly beaten and stabbed by a group of girls outside a downtown shelter in the early morning hours of Dec. 18, 2022. The attack began after the girls allegedly took a liquor bottle from the victim and his friend, a witness previously told CBC Toronto.
That witness, a friend of Lee’s whom CBC Toronto has agreed not to name because she belongs to a vulnerable community, said she was smoking a cigarette with Lee outside a downtown shelter early that day, when the group of teens approached them and attempted to take her alcohol.
Lee, she said, told the girls to leave the two of them alone.
“He protected me,” she said.
Family points to perceived ‘flaws’ in system
All eight girls, who range in age from 13 to 16 years old, were charged with second-degree murder. One was granted bail in late December, while the rest are expected to appear in court for bail hearings on Friday.
Their identities are protected under the Youth Criminal Justice Act.
In its statement, the family points to what it perceives as shortcomings in the Act that it says protects the accused rather than victims or the public.
“How is the Act protecting the public if we don’t know who these perpetrators are and why they are released on bail?”
“For serious crimes, these perpetrators should not have any privacy rights or bail. The public should be aware of who these individuals are to protect themselves.”
The comments from Lee’s family come as a group of media organizations were granted limited access on Thursday to court documents in the case, which are subject to a publication ban. Under the Youth Criminal Justice Act, the media is required to request access to the court file from a youth court judge. Those documents include basic information including the ages of the accused, which of them has been granted bail, and even court file numbers that had been inaccessible to media covering the case.
It also comes after the recent fatal shooting of Ontario Province Police Const. Grzegorz Pierzchala, which sparked renewed calls for changes to Canada’s bail system.
Of the two accused of first-degree murder in that case, 25-year-old Randall McKenzie had been on bail and had a lifetime ban on owning a firearm at the time.
Earlier this month, 13 premiers wrote a joint letter to Prime Minister Trudeau calling for what they say would be a tighter bail system, particularly when it comes to some firearm offences.
Most behind bars in jail system ‘legally innocent’
Under the Charter of Rights and Freedoms, Canadians have a right “not to be denied reasonable bail without just cause.”
Under the Criminal Code, a person has the right to a bail hearing within 24 hours of their arrest if a judge or justice of the peace is available, or as soon as possible once someone become available.
If they are denied bail, they will remain in custody. The financial cost of keeping an accused person in jail is far greater than the cost of supervising them in the community while they await trial.
The stigma that people experience with criminal justice system involvement is very damaging and when you impose that kind of reality on young people can have long-term implications.– Mary Birdsell
Most people behind bars in Canada’s jail system are considered “legally innocent” — that is, awaiting a bail hearing or trial and likely to be released once their court cases are finalized, Anthony Doob, professor emeritus at the University of Toronto’s Centre for Criminology and Sociolegal Studies told CBC News earlier this month.
In 2020, the most recent year for which data is available, about 77 per cent of people in Ontario’s jails were in custody awaiting trial.
Moreover, there are long-standing disparities between who gets bail in Canada and who stays behind bars.
Indigenous people are denied bail more often than others, while Black people in Ontario spent longer in custody than white people did while awaiting trial on the same offences, Reuters reported in 2017.
Many other marginalized groups — including people with mental health issues or substance use disorders, LGBTQ+ people, new immigrants and the less wealthy — can all also face discrimination in the bail system, said Jillian Rogin, an assistant professor in the faculty of law at the University of Windsor, in Windsor, Ont.
Act recognizes importance of rehabilitation: advocate
Mary Birdsell, a lawyer and executive director the legal clinic Justice for Children and Youth, told CBC Toronto Canada’s act follows international norms, including those set out by the United Nations Conventions on the Rights of the Child, which recognize the importance of rehabilitation for young people charged with a crime.
“So it protects the public in a long-term sense by trying to maximize the opportunities for rehabilitation,” she said. “The fact that their identities are not publicly available or published does not mean that the criminal justice system isn’t doing all of the other things that it does to help protect the public when a charge has been laid.”
The Act is also important in that it recognizes adolescents are not adults, but rather in a “unique phase of development and maturity and dependence on adults.”
“The stigma that people experience with criminal justice system involvement is very damaging and when you impose that kind of reality on young people it can have long-term implications and that’s not good for society,” Birdsell said, adding she would advocate for expanding the use of the Act to apply to those up to about 20 years of age.
“Nobody, including nobody in the youth criminal justice system, thinks that violent or murderous behaviour is acceptable,” she said. “While my heart goes out to the people who’ve been harmed in this situation, I I also would ask that we all take a cautious approach.”
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We're still stockpiling reusable bags. Big grocers have adopted solutions, but experts have concerns – CBC News
Canada’s plastic bag ban has had an unintended consequence: a proliferation of reusable bags piling up in basements, closets and, eventually, landfills.
“They’re everywhere,” said environmental researcher Tony Walker. “We’re drowning in them, and we shouldn’t be.”
To combat the problem, several of Canada’s big grocers have introduced solutions. Last week, Walmart launched a free national recycling pilot program for the retailer’s reusable blue bags. Competitors Sobeys and chains owned by Loblaw Companies Ltd. use recyclable paper bags for grocery delivery.
But some environmental experts argue that paper bags are also problematic and that the best solutions are those that help customers actually reuse their reusable bags.
“We just can’t keep giving [them] out,” said Walker, a professor at Dalhousie University’s School for Resource and Environmental Studies in Halifax. “We’re only meant to have a few of them, and we’re meant to use them until they fall apart.”
In late 2022, the federal government rolled out a ban on the manufacture, import and sale of several single-use plastics, including checkout bags. The regulations are being contested in court, but in the meantime, they remain in effect.
The regulations have made single-use shopping bags scarce in Canada, but they’ve also led to the proliferation of reusable bags, especially for grocery delivery.
“It just creates more waste, which is what we’re trying to avoid in the first place,” Walmart customer Udi Sela said in a CBC News interview in late 2022.
At the time, Sela, who lives in Maple, Ont., estimated his family had acquired about 300 reusable Walmart bags via grocery delivery.
“We can’t return them, we can’t do much with them.”
Now, a little more than a year later, Walmart has launched a pilot project to address the problem.
It allows customers to pack up their unwanted reusable Walmart blue bags and ship them — at no charge — to a facility where they’ll get a second life.
How it works
According to Walmart, bags in good condition will be laundered and donated to charity, primarily Food Banks Canada. Damaged bags will get recycled into other materials. Reusable bags typically can’t go in blue bins because they’re costly and difficult to recycle.
Customers must sign up for Walmart’s program, and enrolment is limited.
Jennifer Barbazza, Walmart’s senior manager of sustainability, said the retailer will fine-tune the details as the program progresses.
“[We] know that some customers have more reusable bags than maybe they need,” she said. “One of the things that we’re really excited to learn about from the pilot is customer acceptance and customer feedback.”
Reusable bags are living rent free in closets and car trunks across the country. Most major retailers made the switch away from single-use plastic bags about a year ago, but it’s taking time for some customers to catch on. They’re forgetting to bring their bags with them, and buying more every week.
Udi Sela has already signed up.
“I definitely think it’s a step in the right direction,” he said in an interview on Friday. “It’s something that needed to be done a while ago. God knows we’ve got a ton of bags kind of piled up.”
He said he’s concerned that some customers may find mailing the bags a hurdle. However, it’s not deterring Sela, who soon plans to ship hundreds.
Passing the buck?
Not everyone is keen on Walmart’s project. Emily Alfred, a waste campaigner with Toronto Environmental Alliance, said donating the bags to the food bank is just passing on the problem.
“We need to remove waste from the system entirely, and just sending these somewhere else for someone else to deal with is not really a solution,” she said.
Alfred said a better option is a program Walmart piloted in Guelph, Ont., in 2022. For a fee, customers could check out reusable bags from an in-store kiosk and later return them to be cleaned and reused.
“That’s a real circular reuse system,” she said.
Walmart’s Barbazza said the retailer is continuing to explore different reusable bag programs, including ones placed in stores.
She also said she’s confident Canada’s food banks will make good use of the bags.
“There’s definitely a need for sturdy items to distribute materials to the food bank clients.”
The paper problem
Among Canada’s major grocers, only Walmart offers a reusable bag program for all customers.
Loblaw recently switched from reusable to recyclable paper bags for grocery delivery. Sobeys did not respond to requests for comment, but according to its website, the grocer also uses paper bags and “reusable options” for home delivery.
Several environmental experts say paper bags aren’t a good solution, because their production leaves a sizable carbon footprint.
“Paper bags are a problem,” Alfred said. “It takes a lot of energy to recycle paper, takes a lot of trees and energy to make new paper.”
Loblaw said it continues to explore a variety of more sustainable solutions. “It’s a challenge we’re committed to addressing,” spokesperson Dave Bauer said in an email.
Both Walker and Alfred applaud Metro for its grocery delivery program, because the grocer, which operates in Ontario and Quebec, reuses delivery materials.
Metro said customers can get their goods delivered in a cardboard box or reusable bags, which can be returned and used for another delivery. Or customers can opt for a plastic bin and remove their groceries from it upon arrival.
Metro does not offer similar programs for in-store shoppers.
Alfred said the federal government should introduce regulations that mandate retailers adopt effective reusable bag programs for all customers.
“It’s up to our governments and people to demand that these companies do better,” she said.
But Walker suggested that the regulations would be hard to enforce and that incentives could be a better tactic.
For example, if retailers increased the price of reusable bags, shoppers might be less likely to forget them when they head to the store, he said.
“When the cost is a disincentive to do an activity, people change their behaviour.”
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Deputy Prime Minister and Finance Minister Chrystia Freeland says she thinks unhappy premiers will come around on measures in the federal budget that touch on provincial legislation, even as they push back.
At an event in Toronto on Sunday, Freeland — who presented the federal budget on Tuesday — said the national government needs to push ahead on such issues as housing and she was “extremely optimistic” premiers would choose to co-operate.
“Housing is a national challenge, and the federal government needs to be leading the charge,” she said.
“My own experience has been when there are big issues that really matter to Canadians, after all the sound and the fury, people are prepared to roll up their sleeves and find a win-win outcome for Canadians.”
Several premiers have pushed back against the federal government in recent months and again after the budget was released on the grounds that some measures touch on provincial jurisdiction.
This week’s federal budget has premiers lashing out at Prime Minister Justin Trudeau over a planned increase to capital gains taxes as well as what they say is overstepping on infrastructure and pharmacare.
In a letter released Friday by the Council of the Federation, which represents the leaders of all 13 provinces and territories, the premiers said Ottawa should have consulted them more ahead of the budget.
Individual premiers have shared more pointed critiques.
“It’s a never-ending spending platform that we’ve seen now for the last 10 years,” New Brunswick Premier Blaine Higgs said on CBC’s Power & Politics on Friday.
“My initial thoughts about the federal budget are that they are overtaxing, overspending, overborrowing and over interfering in provincial affairs,” Alberta Premier Danielle Smith said earlier this week.
Alberta has clashed with the government repeatedly over housing. Smith introduced legislation earlier this month that would require provincial oversight of deals made between municipalities and the federal government, including for future agreements around federal housing funds.
At Issue this week: The Liberals work to sell their multibillion-dollar spending plan and capital gains tax hike. Pierre Poilievre tells Radio-Canada what he thinks of the federal budget. And another province pushes back on the carbon tax.
Freeland said on Sunday that, as an example, the federal child-care program negotiated through a series of deals with provinces and territories showed that co-operation was possible.
Capital gains tax changes criticized
The federal government has also faced some opposition on what was perhaps the most prominent measure revealed on budget day: changes to Canada’s capital gains tax rules. The government has proposed raising the inclusion rate to 67 per cent on capital gains above $250,000 for individuals.
“The 21st-century winner-takes-all-economy is making those at the very top richer, while too many middle-class Canadians are struggling,” Freeland said Sunday, adding the government was asking wealthy Canadians to pay their “fair share.”
“We do need to ensure that we have some revenue coming in. This is a very limited way of ensuring that that occurs,” Treasury Board President Anita Anand said in an interview on Rosemary Barton Live on Sunday.
Treasury Board President Anita Anand joins CBC chief political correspondent Rosemary Barton to talk about the federal budget and its focus on young Canadians — as well as the criticism it’s receiving.
Critics have raised concerns that the changes could result in reduced investment or capital flight.
“The big concern right now … is this going to have a detrimental impact to the progress we’re trying to make in making Canada a hub for innovation,” said Kirk Simpson, CEO of the tech company goConfirm, in a separate interview on Rosemary Barton Live.
“With productivity the way that it is, we want more capital, not less, flowing into business innovation,” Simpson told CBC chief political correspondent Rosemary Barton.
Freeland said Sunday that the changes will affect very few Canadian individuals — the government estimates 0.13 per cent — and the revenue will go to pay for investments in areas like housing.
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