User:Singularity42/proposed change to Ashley Smith inquest

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The Ashley Smith inquest is an ongoing, high-profile coroner's inquest taking place in Ontario related to the institutional death of Ashley Smith, a teenager who committed suicide on October 19, 2007, while she was under suicide watch at the Grand Valley Institution for Women. The scope of the inquest will be to review Smith's last year in prison, and what events led to her suicide.[1] After a number of delays, the inquest began on May 16, 2011, but shortly after it started it was delayed further.

Background and death[edit]

Ashley Smith was born on January 29, 1988 in New Brunswick, Canada, and was raised in Moncton, New Brunswick. During her early and mid-teenage years, she was repeatedly sent to youth criminal justice court multiple times for various minor offences such as trespassing and causing a disturbance. In March 2003, after multiple court appearances, Smith was admitted to the Pierre Caissie Centre for assessment. She was diagnosed with ADHD, learning disorder, borderline personality disorder and narcissistic personality traits. She was discharged several days early from the Centre for unruly and disruptive behaviour and returned to the New Brunswick Youth Centre (NBYC). Smith was remanded to the NBYC multiple times over the next 3 years; during this time she was involved in more than 800 reported incidents and at least 150 attempts to physically harm herself.

On 29 July a motion was made under the Youth Criminal Justice Act to transfer Smith to an adult facility due to her age. On October 5, Smith was transferred to the Saint John Regional Correctional Centre (SJRCC). Due to her behaviour at SJRCC, Smith spent most of her time there in segregation; she was tasered twice and pepper-sprayed once.

Smith was subsequently transferred multiple times between various federal penitentiaries across Canada. Her last transfer was to the Grand Valley Institution for Women in Kitchener, Ontario.

On 16 October 2007, Smith requested transfer to a psychiatric facility; she was placed on a formal suicide watch on 18 October. In the early hours of 19 October, despite guards watching her on video monitors, Smith was able to strangle herself with a strip of cloth, and it was several hours before guards or supervisors realized she was dead.[2]

Aftermath of death[edit]

On 25 October 2007, 3 guards and a supervisor at the Grand Valley Institution for Women were charged with criminal negligence causing death in relation to Smith's suicide; the warden and deputy warden were fired. The criminal charges were later dropped. On October 8, 2009, Smith's family launched an C$11 million wrongful death lawsuit against the Correctional Service of Canada, which was eventually settled in May 2011 for an undisclosed amount.[3]

Scope of inquest[edit]

In December 2009, the Office of the Chief Coroner of Ontario announced that there would be an inquest into the Smith's suicide, which was to be presided by Deputy Chief Coroner Dr. Bonita Porter. The scope was initially limited to Smith's time at Grand Valley Institution for Women in Ontario, and would not cover Smith's custody in other federal prisons throughout year leading to her death. As a result, Smith's family announced they would boycott the inquest.[4]

On November 12, 2010, Dr. Porter changed the scope of the inquest so that it would cover all of Smith's time in federal prisons. [1]

Video tape of Smith[edit]

The inquest was originally scheduled to begin on April 4, 2011. However, on February 28, 2011, Dr. Porter ruled that the jury should not be allowed to view a video tape showing prison guards forcibly injecting Smith with tranquilizers and keeping her strapped to a stretcher for hours.[5]

Smith's family, as well as a number of interveners, sought judicial review from the Ontario divisional court regarding Dr. Porter's decision. To allow time for the review, Dr. Porter adjourned the start of the inquest to May 16, 2011.[6] Ultimately, though, the inquest started before the Divisional Court made its ruling.

On May 19, 2011, the Divisional Court found that the coroner applied the wrong test, and sent the matter back to Dr. Porter for a new decision.[7] The issue remains outstanding.

Publication ban[edit]

On May 25, 2011, Dr. Porter ordered a publication ban on court exhibits, and that jouranlists and members of the public would need to give reasons why they want access to the materials. Dr. Porter also ruled that the lawyers on the inquest could be charged with contempt if they gave copies of the exhibits to the media. Dr. Porter explained that she did not want the controverisal videos being broadcasted over YouTube.[8]

Delay due to legal rulings[edit]

On May 27, 2011, Dr. Porter adjourned the inquest in order to consider her rulings on the controversial video tape and publication ban. Dr. Porter initially advised the lawyers through a confidential memo, which prevented the lawyers from telling the media when the inquest would resume.[9] On May 30, 2011, it was announced that the inquest would resume on June 13, 2011.[10]

The inquest ultimately resumed on June 21, 2011. Dr. Porter ruled that she would given her decisions on the outstanding legal issues the following week. Since the jury was not scheduled to sit for July or August, it was proposed that the inquest resume on September 12, 2011.[11]

Change of coroner[edit]

On June 29, 2011, Dr. Porter announced that she would be retiring in November, and that the inquest was not expected to finish before her retirement date. As a result, the Chief Coroner announced that Dr. John Carlisle would take over as the presiding coroner, and would rule on the outstanding legal issues.[12]

Media attention[edit]

Smith's death and the resulting inquest have recieved wide-spread media attention.

Two documentaries were aired on CBC News Network's the fifth estate. "Out of Control", which aired on January 8, 2009, was an extensive documentary about Smith's life, time in custody, the events surrounding her suicide, and the aftermath of her death.[13]. "Behind the Wall", which aired on November 12, 2010, documented Smith's four month stay at Regional Psychiatric Centre, Prairies, Saskatoon, as well as the conflict between the fifth estate and Correctional Service of Canada to broadcast video footage of Smith's last few days alive.[14]

The replacement of the presiding coroner has led Smith's family to formally accuse the chief coroner of interfering in the inquest with no legal basis; Dr. Porter had apparently indicated that she would deliver three outstanding rulings in July, days before the announcement of her replacement.[15]

References[edit]

  1. ^ a b Diana Zlomislic (12 November 2010). "Ashley Smith coroner's inquest scope expanded". The Toronto Star. Retrieved 25 August 2011.
  2. ^ "Timeline". Retrieved 14 August 2011.
  3. ^ "Ashley Smith family settles C$11M suit". Retrieved 15 July 2011.
  4. ^ Diana Zlomislic (9 January 2010). "Family boycotts inquest into teen's death". The Toronto Star. Retrieved 25 August 2011.
  5. ^ Diana Zlomislic (28 February 2011). "Ashley Smith jurors barred from stark video". The Toronto Star. Retrieved 25 August 2011.
  6. ^ Diana Zlomislic (31 March 2011). "Ashley Smith inquest delayed". The Toronto Star. Retrieved 25 August 2011.
  7. ^ Diana Zlomislic (19 May 2011). "Graphic videos show Ashley Smith turning purple in cell". The Toronto Star. Retrieved 25 August 2011.
  8. ^ Diana Zlomislic (25 May 2011). "Coroner's decisions under fire at Ashley Smith inquest". The Toronto Star. Retrieved 25 August 2011.
  9. ^ Diana Zlomislic (27 May 2011). "Ashley Smith inquest delayed". The Toronto Star. Retrieved 25 August 2011.
  10. ^ Diana Zlomislic (30 May 2011). "Ashley Smith jurors might return June 13". The Toronto Star. Retrieved 25 August 2011.
  11. ^ Diana Zlomislic (21 June 2011). "Ashley Smith inquest delayed until September". The Toronto Star. Retrieved 25 August 2011.
  12. ^ Diana Zlomislic (29 June 2011). "Embattled Ashley Smith coroner replaced". The Toronto Star. Retrieved 25 August 2011.
  13. ^ "Out of Control". Retrieved 17 August 2011.
  14. ^ "Behind the Wall". Retrieved 14 August 2011.
  15. ^ "Ashley Smith's family questions coroner's removal". Retrieved 14 August 2011.


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