The family of an unhoused man who died after an alleged “swarming” by a group of teen girls in downtown Toronto is speaking out and slamming what they say are ‘flaws’ in the youth criminal justice system.

In a statement released Thursday, the family said the law protects the young suspects but “not the victims or the public.”

Ken Lee, 59, died in hospital after sustaining fatal injuries in an attack described by police as a “swarming” in the heart of the city, near York Street and University Avenue, on Dec. 18.

Police previously told reporters that Lee was with a companion in the area at the time. They believe the suspects were trying to steal a bottle of liquor from one of them.

Lee was assaulted and stabbed, police said. Bystanders flagged down paramedics, who rushed him to hospital, where he died of his injuries.  

Police subsequently arrested eight teen girls nearby in connection with the fatal assault. They come from around the GTA and range in age from 13 to 16 years old. All have been charged with second-degree murder.

Police have said they believe the teens met up after meeting on social media.

One of the girls has since been granted bail and others have hearings this week and next to try and obtain bail as well.

The charges against them have not been proven in court.

The teen suspects cannot be named under the terms of the Youth Criminal Justice Act.

But in their statement Thursday, Lee’s family said the rules should be different in a case like this.

“For serious crimes, these perpetrators should not have any privacy rights or bail, they wrote in the statement. “The public should be aware of who these individuals are to protect themselves. The perpetrators must be named in order to bring forth more victims, witness(es) and evidence.”

The family said it is still “too painful” to conduct any interviews. However they said they want people to know that Lee was a proud man who was recently in the shelter system “because he had fallen”’ but he had a kind soul and was trying to get back on his feet.

“Just note that Ken was a kind soul with a heart of gold,” the family wrote. “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.  Maybe in due time we will share more with you.”

In the meantime, they said, they want to voice their concern about the fact that those charged in Lee’s death may go free for the time being.

“How is the Act protecting the public if we don't know who these perpetrators are and why they are released on bail?” they wrote. “As a parent, my question to the lawmakers who wrote the Youth Criminal Justice Act is how are you protecting my child if the perpetrator cannot be named and she could be in my child's school or class?”

Public interest on the topic of bail reform has been strong recently in light of a number of high-profile crimes involving suspects who were out on bail.

Experts have said the majority of those released on bail do not commit crimes while awaiting their court dates.

However a number of police chiefs and Canada’s premiers have called for bail reform, especially in light of the recent murder of on OPP officer by a suspect who was out on bail.

The next bail hearings for one of the teens is expected to take place Friday morning, while another is scheduled for Jan. 27.