Reena Virk Story - York Region Anti-Bullying Coalition

Reena Virk Story:
Senseless Teen Violence – Senseless Waste 1
By Corey D. Steinberg - August 2009
Double Diamond Law - Whistler, BC
YRABC General Counsel
On November 14, 1997, Reena Virk was a 14-year old girl of East Indian descent, raised in a
highly religious (Jehova’s Witness) family. She lived outside Victoria, BC, in Saanich; a quiet,
little Vancouver Island community, where she attended Shoreline Secondary School. She
questioned the religious teachings of her parents, and lived a more secular lifestyle, similar to
other girls in her school. She has been described as wanting acceptance from her peers, but
instead faced “harassment and name calling”. 2 She was ridiculed for being a larger girl,
reportedly called “pudgy” and “overweight”. 3 She was humiliated for alleged body-hair,
reportedly called names such as “beast” or “the bearded lady”.
Reena was living in a foster home, under the care of BC’s Ministry of Children and Families,
when her life was cut short on November 14, 1997. The allegations that caused her to be taken
under the care of the Ministry were ultimately recanted, but irreparable damage to the Virk
family had already been done. As said by Reena’s father, Manjit Virk, ever since Reena “went
into the hands of outsiders, nothing worked from that day”. 4
In November 1997 Kelly Ellard was a 15-year old girl, perhaps a ‘bit of a partier,’ but by no
accounts a bad girl, having had no known run-ins with the law. Ellard was more popular than
Reena. Ellard also disliked Reena, profusely.
At that time, Warren Glowatski was a 16-year old, living alone in a trailer in Saanich. He was
supported by money sent by his father who had left Saanich to marry a woman in Las Vegas.
Warren was somewhat of a ‘wannabe-gangsta’.
On what proved to be her last night on Earth, Reena had been invited to a party by girls from her
school, ostensibly to enjoy a good time, but really as a ploy to teach her a lesson for (possibly)
being interested in a boy that other girls considered off-limits. The party travelled to various
locations. Ultimately Reena was attacked, “swarmed”, at the south end of the Craigflower Bridge
in Gorge Park by eight teenagers - seven girls including Ellard, as well as Glowatski.
During the brutal assault, “Nicole Cook” stubbed out a cigarette on Reena’s forehead, and
someone attempted to ignite her hair on fire. Mercifully, an onlooker persuaded the group to set
Reena free, and she was able to flee to the north end of the bridge. Ellard and Glowatski (at
Ellard’s request) followed and resumed the attack, punching and kicking Reena in the abdomen,
face and head. This second assault, and young Reena’s short life, ended shortly thereafter when
Ellard and Glowatski dragged Reena into the Gorge Waterway, where further blows and stomps
1 All facts reported herein are taken from court-judgments, unless otherwise specified via footnote.
2 MacKinnon, Leslie “Bullied to Death” The National Magazine: Summary, December 2, 1997
3 “Reena Virk’s Short Life and Lonely Death,” Globe & Mail, November 27, 1997
4 “Father Honours Reena Virk with Book,” Times Colonist (Victoria) September 7, 2008

were administered. Then, as Glowatski watched, Ellard held Reena’s head under water until she
drowned. (One witness reported, Ellard later bragged she smoked a cigarette as she stood on
Reena’s head, drowning her.)
For the following week, rumours proliferated around Shoreline Secondary School, heard by
students and faculty alike. No one contacted Saanich Police, who were investigating Reena’s
unexplained disappearance. The police detained Ellard on November 22, 1997; interrogating her
for more than three hours, in the presence of her mother and step-father, Susan and George
Pakos. Although Ellard initially denied knowing Reena, eventually she admitted to taking part in
an assault upon her.
Reena’s murder received considerable attention in the media, and the courts.
The six girls, apart from Ellard, who took part (dubbed by the media the “Shoreline Six”) were
convicted of assault and sentenced in fairly short order in British Columbia Provincial Court.
Each served up to one year in jail.
Glowatski was tried as an adult and convicted of second-degree murder on June 2, 1999. He
served seven years of a life-sentence, and has since been paroled. (He has also since made
contact with and gestures of amendment toward the Virk Family).
The prosecution of Ellard, also as an adult, however, consumed more than a decade of litigation.
This included three trials including a conviction, various applications and voir dires, an appeal to
the British Columbia Court of Appeal overturning the conviction, and an appeal to the Supreme
Court of Canada heard September 5, 2008, with judgment released June 12, 2009 restoring the
conviction. She was sentenced to life in prison, with eligibility for parole after seven years.
The Virk family, in an attempt to obtain further justice, also commenced a civil lawsuit in the
Supreme Court of British Columbia in 1999 naming approximately 20 parties as defendants,
including the parents of all involved teenagers, the Greater Victoria School District, and the
Province of British Columbia. They pleaded that all were liable for the wrongful death of Reena.
Ultimately, the lawsuit was discontinued against all but three parties – the parents of Ellard and
Glowatski, and the Ministry of Children and Families. The Virks believed the Ministry was
acting as Reena’s parents at the time of the murder, and thus owed a fiduciary duty to her. 5
Manjit Virk said of Reena that at the time she was taken by the Ministry, “Our concern was
always for her safety. We knew she would not be safe out (of the home)”. 6
The lawsuit was dismissed by Madame Justice Dorgan on March 26, 2008 for “inordinate
delay.” This may be ironic as the plaintiffs have since maintained their failure to proceed with
the action was due to awaiting the conclusion of all criminal proceedings. Thus if this is true,
Ellard has avoided civil proceedings against herself and others, by prolonging her own criminal
prosecution.
5 “Judge says Virks waited too long to sue BC; dismisses civil case,” Prince George Citizen March 26, 2008
6 “BC wants to dismiss Reena Virk lawsuit,” Times Colonist February 21, 2008

Manjit Virk has since written a book about the death of his daughter, so that her story and that of
her family can be told to the world. A feature film is also apparently in the works.
Corey D. Steinberg is a general litigator with
Double Diamond Law in Whistler, British
Columbia; called to the Bars of BC and Ontario,
and has appeared at all levels of court in both
provinces. He is co-author of the legal texts
Procedural Strategies for Litigators, 2 nd ed.
(LexisNexis 2007) and Discovery: Principles and
Practice in Canadian Common Law, 2 nd ed. (CCH
Canadian, 2009), and has contributed numerous
articles to various publications. He has also taught
law and lectured in various areas, and collaborated
in 1999 to create Canada’s first law-school course
and accompanying text book on Internet law.
csteinberg@doublediamondlaw.com