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Igor Kenk 2008

Police press release July 21, 2008

Click here to read news articles and more police press releases about the case

Unless otherwise noted reports on this page were written by M. Monastyrskyj

Friday July 25, 2008

Igor Kenk, who is in custody, is on the 10am docket in courtroom 101 along with his co-accused Jean Laveau. At 9:45am a group of six reporters are outside the courtroom waiting for the court officer to unlock the door. When a young woman wearing torn cut-off jeans and hiking boots appears, a reporter from the Toronto Star asks if she knows Kenk. When she says yes, all six reporters surround her. More arrive during the scrum. Among the reporters is a woman from CBC radio and a woman in a grey suit (at first I thought she was a lawyer) who works for a Chinese media outlet.

The Star reporter asks most of the questions. At one point during the scrum, the woman whose back is against a wall says she doesn't like being cornered and turns to leave. The Star reporter coaxes her back saying, "Stand in the middle and we'll protect you." The woman who is 29-years old says about three years back (she wasn't sure) she spent a summer working for Kenk. She says she was pretty down and out at the time and barely employable. Asked what she thinks about the charges, the woman doesn't answer. The reporter asks her if the shop was ever open late at night. The woman says no. The reporter asks if she ever saw drug addicts bringing bikes to Kenk's shop. The woman says, "It's Queen Street. Who knows who's a drug addict or not?" The reporter asks if the woman had ever been addicted. The woman says she used to be a heavy chain smoker, but nothing else. The reporter asks if the woman ever worked as a squeegee. She says, "No, that's not legal."

The courtroom opens at 10. When everyone has sat down, a young female court officer tells someone to take off his hat. I don't know if she's talking to a reporter or not. I count 15 people I think are reporters. I can't always tell, though a pen and notebook is a tell-tale sign. The Star and CBC reporters are sitting in the front row. Next to them are two sketch artists, one male, one female. The man has what may be a Slavic accent.

After I sit down, the woman who was being interviewed earlier climbs over the bench and sits down between me and a reporter from the Toronto Sun. The Sun reporter, Brett Clarkson, seems to know the most about the case, because the other reporters keep asking him questions. He, for example, knows the names of the lawyers. (I find that the reporters often trade information with each other. Reporting seems to be a collaborative process.)

Kenk's co-accused Jean Laveau appears briefly at 10:40. The Crown attorney on duty, who seems to have a good sense of humour, lifts up the hand of another Crown attorney who is sitting down. Speaking to the press in the court, the first Crown says "For the media this is Mr. Crisp the special Crown for the Kenk case."

During the morning recess, the reporters converge on Glen Crisp. Crisp tells the reporters he's not a special Crown. He is an ordinary Crown attorney who who is handling the Kenk case today because he happened to be at Old City Hall. Crisp says he will be talking to Kenk's lawyer and mentions the possibility of a show cause hearing. The CBC reporter asks whether it's a show cause or a bail hearing. Crisp, who seems amused by the question, says they're the same thing, adding "You don't come here often, do you?" (Before I started making court visits in March, I wasn't familiar with the phrase "show cause hearing" either. It took me a couple of visits to realize this is the legal term for bail hearing.)

Kenk appears very briefly at 1pm. The court decides there will be a show cause (bail) hearing on Wednesday July 30. The Justice of the Peace places a publication on the proceeding. After the court recesses, the reporters discuss among themselves what the ban covers because some of them aren't sure. They ask Crisp who says it's ok to report the date of the show cause hearing.

Wednesday July 30, 2008

Igor Kent, who has been in custody since being arrested on July 16, is on the 10am docket in courtroom 101, Old City Hall. When I arrive at 9:45, there is a reporter ahead of me in the line-up of people waiting to go through the metal detector at the building entrance. A uniformed court officer asks him if he has a camera in his bag. When the reporter says yes, another officer tells him he can't film inside old City Hall. The reporter says he knows.

When I go downstairs to 101, I don't see the large number of reporters I was expecting. Concerned that the Kenk case may have been moved, I go upstairs to the clerk's office to find out. Normally, when I ask for an appearance date, the clerk asks me to spell the name before she checks the computer. However, as soon as I say Kenk, she replies "Courtroom 101." Her instant response suggests I'm not the first person to ask about Kenk.

When I go back downstairs I find the courtroom is now open. The Toronto Star reporter, Dale Anne Freed, is sitting in the front row talking to a colleague. She asks the duty counsel when the Kenk case will come up. He tells her right away. After I sit down a woman with a notebook asks me why I'm here. I tell her I'm here on behalf of community group that's doing research about the court system. She tells me she's here for her son who is working on a feature article for Toronto Life. Her son interviewed Kenk before his arrest.

When the session starts at 10, I count 21 people in the court, most of whom are reporters. I don't know the name of the Justice of the Peace, but I recognize him from other court visits. I once heard him ask a defendant a question in Portuguese. He starts the session by saying "There's no talking in the body of the court. Please turn your cellphones off." When the clerk says people are going to have to speak up because the air conditioner is loud, the JP turns it off himself. The JP tells the provincial Crown attorney R Maxwell, "I don't know if you've ever worked with me before, but I don't hold matters down." He's referring to the common practice of temporarily postponing cases until the accused person's lawyer shows up or for some other reason. The JP tells a woman standing at the back of the court to take the sunglasses off the top of her head and to either sit down or leave the courtroom. He says fire regulations require everyone to be seated.

Kenk is brought into the court at 10:20. He has a beard and his dirty blond hair. He is wearing an orange jumpsuit. He looks tired and dishevelled. Despite all the publicity surrounding the case, the JP doesn't seem to know who he is. Maxwell (the Crown attorney on duty) says Kenk is facing a number of charges and the Crown will be seeking his detention. Someone says Kenk's lawyer, Lon Rose, is somewhere in the building. Maxwell says Glen Crisp will be the Crown attorney assigned to the case. Crisp is trying to find another courtroom in which to hold the bail hearing. The JP says, "It's a special." Court officers take Kenk out of the courtroom.

At about 10:30, most of the reporters leave the room for a scrum with the police officers in the corridor. After the scrum is over, the reporters continue to talk loudly among themselves outside the door of the courtroom. Finally, a court officer tells them to move far away from the door. At 10:50, the Star reporter opens the door and peeks into the courtroom. At 11, another Crown attorney takes the place of Maxwell.

At 11:05, the JP asks the Crown about Kenk. The Crown says Crisp (the Crown assigned to the case) will be coming to the courtroom to speak to the matter. At the same time, Kenk's co-accused Jean Laveau is brought into the prisoners' box. There is some discussion between the JP and the lawyers about whether Laveau and Kenk's cases should be kept together. The duty counsel says Laveau's lawyer, Engel (not in court) might not want his client's bail hearing to be together with Kenk's. The reporters come in from the corridor led by the Star and Sun.

A woman, maybe from the trial coordinator's office, I'm not sure, says Kenk's case has been "traversed" (moved) to courtroom M2 (on the third floor). The woman asks whether the OIC (officer in charge) is here. She spots an officer from 14 Division and goes to speak to him. I recognize the officer from other court visits. I often see him in courtroom 101. The duty counsel asks "Is Laveau staying or going?" Five minutes later Laveau is still waiting in the prisoners' box. Crisp (the Crown attorney assigned to the Kenk case) enters then leaves the courtroom. The Star reporter follows him out to ask a question. The other reporters follow the 14 Division officer out the door.

At 11:30am I'm outside courtroom M2 with a group of reporters who are talking among themselves about the case. The Sun reporter, Brett Clarkson, mentions that he interviewed Kenk before he was arrested. The interview was for a story about bike theft in Toronto. When I enter the courtroom itself, I see the Star reporter, Dale Ann Freed, calling her office to read them the update she has prepared for the Star webpage.

At 11:45, the Star reporter asks the clerk if court will be starting soon. The clerk says he doesn't know. He says he's calling the trial coordinator's office to find out. He adds: "I was just talking to the reporters from CFTO and City. They were expecting the hearing to start right at 11:30. Based on my 30 years experience, I knew there was no way that was going to happen." The clerk says his responsibility is to the judge, Bruce Young. He says they're waiting for the defense lawyer Lon Rose. The Star reporter says she saw him in 101 earlier. The Star reporter seems surprised by the delay and asks the clerk if she can quote him about court being delayed because we're waiting for the defense lawyer. The clerk says "Well, that's what's happening."

Crown attorney Glen Crisp enters the courtroom at noon. He says the hearing will start in five minutes. Crisp says to the clerk, "You should do two because the federal charges will be separated eventually."

A court officer brings Kenk into the courtroom at 12:15. His lawyer, Lon Rose, talks to him briefly. When the court session begins, the judge places a publication ban on the hearing, which means I can't report anything that's said during the proceeding. The court session ends at 4:30pm. The bail hearing will resume tomorrow at 10am.

Thursday July 31, 2008

This was the second day of Kenk's bail hearing. The court session lasted all day, but the testimony is covered by a publication ban. Justice Bruce Young will be issuing his decision tomorrow (Friday August 1) at 10am in courtroom 122, old City Hall.

Friday August 1, 2008

Kenk is scheduled to appear at 10am in courtroom 122 where Justice Bruce Young will read out his decision regarding bail. Kenk is brought into the courtroom at 10:10. His lawyer, Lon Rose, talks to him briefly. Rose also talks briefly with provincial Crown attorney Glen Crisp. Afterwards Crisp talks with police officer James Dewsnap. Det.-Const. Aaron Dennis, the lead investigator on the case, isn't in court today.

The court session begins at 10:15am. Justice Young has a soft voice and the air conditioner is loud. Crisp seeing the reporters straining to hear turns off the air conditioner. The court deals quickly with two cases before turning to the Kenk matter. In the first case, the judge gently admonishes the lawyers for not coming to an agreement. In the second case, the Crown withdraws the charges against an accused.

It takes an hour and a half for Justice Young to review the evidence in the hearing and to read out his decision. The bail hearing is covered by a publication ban and I can't repeat what Justice Young said except to say he agreed to release Kenk on a combined bail of $275,000 and under strict conditions. Kenk has to pledge $250,000 of the equity in his property at 927 Queen St. West and deposit $10,000 cash with the court. The judge said he was releasing Kenk on his own recognizance. The $250,000 was for the bike theft charges while the $10,000 is for the drug charges. Each of his three sureties (the people who will supervise him to make sure he complies with his bail conditions) must pledge $5,000. When Young mentions the three sureties he refers to this as "another recognizance." Kenk will have to reside with one of his sureties and cannot leave the residence except in the presence of one of his sureties. It is house arrest. (In other bail hearings I have attended, judges and lawyers have referred to sureties as "jailors in the community.")

Kenk, who is a Slovenian citizen, has to surrender his passport, his residency papers and all other travel documents. Rose gives Kenk's passport and residency papers to officer Dewsnap in the courtroom. Kenk is forbidden from possessing any nonprescription drugs as well as any bicycles. He is required to cooperate with any psychological assessment that may be ordered which includes any assessement having to do with substance abuse. In the event he has to change his address, which would require a formal application to the court, he is required to notify Det.-Const. Dennis or one of his designates at least 24 hours ahead of time. He must stay away from any of the places where search warrants where executed and cannot "attend at" his bike shop, ''The Bicycle Clinic'', at 927 Queen St. West. He also has to remain in the "territorial jurisdiction of Ontario."

Young says Kenk is being given two separate releases: one for the federal charges and one for the provincial charges. (Glen Crisp is a provincial Crown. There is another federal Crown, but he gave Crisp what is called a designation for the bail hearing. This means Crisp is acting for the federal Crown as well as himself during the hearing.)

At 10:50, after Justice Young and the lawyers have discussed the bail conditions, Rose talks to Kenk, then says his client agrees. There follows some discussion about Kenk's next court date. In the end, the lawyers and the judge agree on 10am Wednesday August 6 in courtroom 112 where Kenk's co-accused Jean Laveau is also scheduled to appear.

The discussion in the courtroom is fast and at times hard to follow. After the judge leaves, reporters rush up to the court clerk, Kevin, and ask him to clarify the details of the bail conditions. This amuses some of the well-dressed lawyers who are in court for other cases. One lawyer says laughing, "Look, he's giving a press conference."

Afterwards the reporters mill outside the courtroom door discussing the case among themselves, trading information and confirming details. When a few minutes later a court officer leads Kenk out of the courtroom one of the reporters starts asking him questions, thrusting her tape recorder at him. As the officer escorts Kenk to the elevator, the reporters follow asking Kenk questions. When Kenk and the officer get inside the elevator they are surrounded by reporters thrusting tape recorders at Kenk. Many of the quotes from Kenk that appeared in yesterday evening's and today's papers come from that courthouse interview.

I'm surpised when the reporters approach Kenk because it's my understanding that the public, including reporters, aren't allowed to talk to prisoners. (When Isahaq Omar was brought into a courtroom for a bail hearing, the court officer told his mother not to talk to him.) It turns out the TV reporters have the same understanding I do.

One TV reporter is upset at the way some of her print colleagues have behaved and admonishes one of them, "How long have you been doing this? You should know better." Meanwhile her colleague points out that as long as Kenk is in the custody of the courts, reporters need special permission talk to him. This second TV reporter says he has interviewed prisoners before and there was a process he had to go through first. He also says it's against the rules to record in the courthouse. "Look, we have equipment. We're not using it."

The print journalists acknowledge they made a mistake, but one suggests it isn't that serious. The broadcast journalists aren't happy with this attitude. They say the behaviour of the print journalists could have an effect on the work of all reporters, because the courts take these rules very seriously. One broadcast journalist suggests the print journalists check with their papers' lawyers before using any of the statements they got from Kenk. He also suggests that if the print journalists aren't careful they might end up spending a weekend in jail.

When Kenk's lawyer Lon Rose emerges from the courtroom, the reporters approach him. They go outside for a media scrum that lasts 10-15 minutes. By the time it's done it's noon. The reporters decide to wait for Kenk to come out. No one knows when Kenk is coming out or which entrance he'll be using. There are reporters at the front and side entrances of old City Hall. Occasionally a reporter goes inside to see what he can find out. When some court workers come out for a break, they ask who the media is waiting for. I wait until 2pm before giving up and going home. While waiting I have a chat with a cameraman about journalism and the court system.

Saturday August 2, 2008

''11am'' The Sun and Star are reporting that Kenk is still in the Don Jail because he hasn't been able to come up with the $10,000 cash bond. Kenk's total bail is $275,000. Of that, Kenk's sureties must pledge $5,000 each or $15,000 total. The remaining $260,000 comes from Kenk. Kenk is to pledge $250,000 in the equity of his property (the bike shop) at 927 Queen St. West. ) In other words, he doesn't have to have produce $250,000 in cash, but he could forfeit that amount if he fails to come to court.) However, in addition to the $250,000 he pledge, he must deposit $10,000 cash with the court. According to the Star and Sun he is still in jail because he hasn't been able to produce that amount.

Sunday August 3, 2008

The Star and other media outlets report that Kenk was released sometime on Saturday. Read more >>

Wednesday August 6, 2008

Kenk is scheduled to appear in courtroom 112, old City Hall at 10am. When I get to the courthouse, there are five TV reporters waiting outside. Inside one of the print reporters tells me they are there because they didn't get any quotes when Kenk left the courtroom last Friday. (On Friday a few of the broadcast journalists objected when some of the print reporters interviewed Kenk while he was being escorted to the elevator. See above.)

While I'm waiting for the courtroom to be opened I'm joined by two other CELOS researchers, Jutta Mason and Belinda Cole. One of Kenk's sureties is also in the corridor. A reporter starts to talk to her, but the surety says she's sorry but she can't say anything. She says she would like to talk but can't right now. I also see Anthony Reinhart from the Globe in the corridor.

The court session begins at 10:10. The judge is Justice Brent Knazan. There are some reporters in the room, but I don't count them. A court clerk gets up and turns off the air conditioning, which makes it easier to hear what's being said. The court first deals with a matter involving the Ontario Securities Commission. The duty counsel canvasses the body of the court (the benches where the public sits) for people who have a case before the court but no lawyer. This is a normal part of the courtroom routine.

After court starts a tall man with neatly trimmed blond hair enters the room. No one takes particular notice of him, but when Kenk's case comes up at about 10:20, the man turns out to be Kenk himself. With short hair and a shave he looks very different from the man we saw last Friday.

One of the lawyers in the court says he asked that Kenk's co-accused Jean Laveau be brought up. Laveau is in the prisoner's box a few minutes later, but the court can't deal with his case because his lawyer, Mitch Engel, isn't in court.

When Kenk's name is called there's a discussion between the judge and the lawyers about Kenk's next appearance. Choosing a date is complicated by the fact that Kenk faces both federal and provincial charges. (The drug charges are federal. The theft charges are provincial.) Finally, it's decided that Kenk will appear again on September 24 at 9am in both courtroom 111 and 114. The provincial charges will be dealt with in 111 while the federal charges will be addressed in 114. During the discussion something is said about sending a letter to the federal Crown. (During the bail hearing provincial Crown attorney Glenn Crisp received what is called a delegation to act for the federal Crown, but if I understood today's discussion, the delegation was limited to the bail hearing.)

Kenk leaves and so do the reporters. They will come back, however, because Jean Laveau's case hasn't been dealt with yet. The reporters and I stay in court until the end of the day but Engel doesn't show up, which annoys the judge. Laveau's case is put over until tomorrow.

Wednesday September 24, 2008

by Michael Monastyrskyj and Anna Galati, CELOS researchers

Kenk is on the 9am docket in both courtroom 114 and 111. Kenk does not appear in court himself. He is represented in court by his lawyer, Lon Rose. The judge in 114 sets a return date for Wednesday November 12, 2008.

In 111, the Crown asks for Kenk to return in two weeks, because disclosure isn't ready yet. Rose says that it's his understanding that there are over 4000 pages of disclosure to go through and two weeks isn't enough. He wants the matter to return to 111 on the same day it's supposed to return in 114. The Crown attorney points out it's a Tuesday matter not a Wednesday matter. This is a reference to the alphabetical system used in 111. Kenk's case is a Wednesday matter because his name begins with K. The JP agrees with the defense that two weeks isn't enough to review all the disclosure. He says Kenk's matter will return to 111 at 9am on Wednesday November 18. The Crown attorney states for the record that he doesn't agree with the delay.

Wednesday November 12, 2008

Igor Kenk is on the 9am docket in courtroom 114. Kenk does not appear himself. His lawyer, Lon Rose, appears for him at 9:40am. Rose says he spoke to the officer in charge (OIC) who told him there's no brief in court today. He says he has not receiveed disclosure for the federal charges. The Crown says she will look into it. Rose points out Kenk has a related matter in courtroom 111 on November 18. Kenk's next appearance in 114 will be 9am December 12.

A reporter from the Globe and Mail is in court. I speak to her briefly afterwards. I mention that there were a lot of reporters in court at the bail hearing, but not many now. She says that's because there's nothing to report right now. She says there's still a lot of interest in the case and the reporters will be back when there's more to report.

Tuesday November 18, 2008

Kenk was on the 9am docket in courtroom 111. However, I went to the wrong courtroom. I went to courtroom 114 by mistake. Kenk faces both provincial and federal charges. The provincial charges are dealt with in courtroom 111 while the federal charges are dealt with in courtroom 114.

Sunday December 14, 2008

Kenk is arrested after police respond to a report of an assault in Dufferin/Wallace area. Kenk is charged with two counts of assault and one count of assault with a weapon. See the police press release.

Thursday December 17, 2008

Judge Bruno Cavion issued a decision denying Kenk bail. Read more. CELOS wasn't present.

Thursday March 26, 2009

Kenk is on the 9am docket on courtroom 111. He appears in the prisoners' box at 10:40. He has long hair and a beard. His hair is neatly combed and he appears to be in good health. His lawyer, Lon Rose, is present. Rose tells the Justice of the Peace that there was a judicial pre-trial this morning to discuss the charges laid on December 14, 2008. Kenk who had been out on bail is now in custody for these charges: two counts of assault and one count of assault with a weapon. Rose says the Crown may be issuing a new charge of "weapons dangerous." August 25, 26 and 27 have been set aside for a trial on the charges laid in December. Rose says the defence would have liked an earlier date but a Punjabi interpreter wasn't available then. Rose didn't say why a Punjabi interpreter was necessary. The Justice of the Peace decides there's no need for Kenk to appear in court again before the trial.

Tuesday June 2, 2009

Kenk is on the 2pm video docket in courtroom 111. His lawyer, Lon Rose, is in court. Before Kenk appears Rose goes over to the Crown attorney on duty, John Flaherty, and hands him a document. As he talks quietly to Flaherty, Rose points to the document.

Kenk appears on screen at 2:35. He says "Good afternoon", his Slovenian accent clearly audible. Rose addresses the court. He says he has been trying to get disclosure from the Crown for some time. He says "substantial disclosure" is missing. He has had discussions about this with Ms. Nielsen, the Crown attorney assigned to the case. According to Rose, Nielsen said a binder of material that was given to the federal Crown attorney who is handling Kenk's drug charges (narcotics law is federal) has gone missing.

Rose sounds frustrated. He says he and law students from his firm have repeatedly come to court to get the missing disclosure. Rose says three weeks ago he gave Nielsen a detailed list of what appears to be missing. According to Rose, Nielsen was "quite shocked" at the length of the list. Nielsen was going to have officer Dennis follow up.

Rose says a judicial pre-trial conference (JPT) with the federal Crown has been scheduled for June 9. Rose says he doesn't "expect anything positive to happen" then. Rose says Nielsen was not available last week. He says he's assuming the federal Crown will have officer Dennis or another officer at the JPT. Rose wants Flaherty to contact Dennis. Flaherty says this "is not my assigned case." During the discussion Rose mentions some judicial rulings about disclosure. He says the Crown has an "ongoing obligation to provide disclosure."

The Justice of the Peace orders Kenk to be brought back to 111 at 2pm on Tuesday June 16.

After the court has dealt with Kenk, Rose and Flaherty continue to argue about the JPT and disclosure. People sitting on the public benches waiting to have their cases dealt with complain about how long the Kenk matter is taking. Most appearances in 111 are short. Kenk's appearance is much longer because of the problem with disclosure.

After Rose leaves the courtroom, I speak to him briefly in the corridor. He's willing to talk but the conversation is short because he's in a hurry. I ask what would happen if the disclosure has gone missing permanently. Rose assures me it hasn't. He says the Crown could give him a copy if it wanted to. Rose says he doesn't know what's in the missing binder because he's never seen it. He asks me how my "blog" (i.e. the CELOS website) is approaching the case. He wants to know if we are cyclists or if we are taking the position "Igor is a crook." I say it's nothing like that. I say CELOS is studying how the justice system deals with court cases that begin in our neighbourhood and that Kenk is one of several cases I'm following. I also say that half my job is just trying to understand what I hear in court.

Tuesday June 9, 2009

Kenk is on the 11am video docket in courtroom 114. He's there for the drug charges which are federal. As usual the courtroom is crowded and there isn't enough room for everyone who has a matter before the court. After court start one man opens from the corridor, looks in, says "Court's full" and closes the door.

When Kenk comes on screen at 11:35, a man sitting behind me says, "Hey, it's the bike guy." Duty counsel has a message from Lon Rose. There was a judicial pre-trial conference (JPT) at 9am this morning. Rose wants Kenk brought back to 114 in a week. The Justice of the Peace agrees. Kenk will appear again by video in courtroom 114 at 11am on Tuesday June 16. That same day he will also be appearing by video at 2pm in courtroom 111.