Videos show 'dehumanizing' treatment of teen Ashley Smith
Corrections Canada had tried to stop videos from being made public
CBC News
Posted: Oct 31, 2012 10:05 PM AT
Last Updated: Oct 31, 2012 11:01 PM AT
Related
Videos of teenager Ashley Smith taken in the months before she died in a prison cell show the teen was subjected to “degrading and dehumanizing” treatment, her family’s lawyer told a coroner’s hearing in Toronto Wednesday.
Julian Falconer led the hearing through the video clips shot prior to Oct. 19, 2007, the day the New Brunswick teen died from strangulation after tying ligatures to her neck in her cell at Grand Valley Institution for Women in Kitchener, Ont.
Corrections Canada had gone to court to try to block the videos from being made public, but lost the case. Falconer is now fighting to have the videos played in front of a coroner's jury.
"To people who think this can't happen in Canada to a mentally ill 19-year-old, you know a picture speaks a thousand words. I'm embarrassed to be Canadian when I look at that video," the lawyer said outside the hearing.
In one of the videos, the 19-year-old is seen on an RCMP plane being transferred from a correctional service psychiatric facility in Saskatchewan to one in Quebec.
Smith is wearing two mesh hoods to stop her from spitting.
The RCMP co-pilot can be seen duct-taping her hands together and then to her seat. He then threatens to duct-tape Smith’s face if she does not behave.
“This is how the [correctional service] does business in transferring a victim,” Falconer said.
A video played at the coroner's hearing shows Ashley Smith being duct-taped to a seat on an RCMP plane while being transferred from Saskatchewan to Quebec.Another video shows Smith tied to a gurney at Joliette Prison in Quebec after she tried to cut herself in her cell. She is surrounded by corrections officers in full riot gear, including shields.
One of the officers places a shield on Smith's torso while a nurse injects her with a tranquillizer, described by Falconer as a “chemical restraint.” She received five more injections over the next nine hours, the hearing was told.
Another video taken on July 26, 2007, shows half a dozen guards in riot gear entering Smith’s cell at 5:32 a.m. and telling her she had to have two injections in preparation for a transfer to another facility. Smith objects mildly but, surrounded by the guards, she presents her arm for the shots.
Falconer said a correctional service inquiry board had determined Smith agreed to the shots of her “own free will and without force being used.” Falconer pointed out that a psychiatrist had only recommended drugs be administered to Smith if required and said the “abuse” of the rules contributed to her death.
Behavioural problems
Smith was first charged with a criminal offence in March 2002, when she was 14 years old. In the following year, she faced charges of causing a public disturbance, trespassing and assault, according to a report from the New Brunswick Office of the Ombudsman & Child and Youth Advocate.
Smith was first incarcerated at the age of 15 after an incident where she threw crab apples at a postal worker. She was convicted of multiple charges of breach of probation, common assault, trespassing and causing a disturbance.
She racked up six years worth of additional time behind bars for infractions while in youth custody — so many that she eventually ended up serving time in the federal adult prison system.
During the year she spent in federal custody, Smith was transferred 17 times between nine institutions in five provinces.
The correctional service is arguing that presiding coroner Dr. John Carlisle has no jurisdiction to investigate how Smith was treated in prisons in other provinces and that the videos should not be shown to the jury.
The agency is fighting to narrow the scope of the inquest into Smith’s death, claiming the coroner has no jurisdiction to delve into the federal prison system.
Falconer called the position absurd.
“Don’t let them get away with it,” he told Carlisle.
“If you mistreat someone often enough, surely that will affect how they behave.”
Focus of inquest questioned
Carlisle wants a broadly focused inquest that looks, among other things, into how the teenager was treated after repeated episodes of self-harm.
Lawyers for the correctional service and three Ontario doctors involved in Smith’s treatment argued Carlisle's approach oversteps his legal and constitutional authority.
"This has become an investigation into how [Corrections Canada] treated Ms. Smith, and not an investigation into her death," correctional service lawyer Nancy Noble said.
Carlisle wants to turn the inquest "into full-blown inquiry into operations and management of [Corrections Canada]," she said.
The agency wants the inquest limited to Smith's time at Grand Valley Institution, said Lori Pothier, a spokeswoman for Corrections Canada.
The hearing was adjourned until Nov. 13.
The coroner’s inquest is set to officially start with a jury in January.
With files from The Canadian PressShare Tools
Latest New Brunswick News Headlines
- Doctor loses legal fight over abortion policy
- A New Brunswick judge has ruled the labour board cannot conduct a hearing into whether the province's abortion policy is violating a doctor's ability to offer accessible health care. more »
- Environmental Trust Fund cash given to Perth-Andover
- Eligible New Brunswick community groups with "great projects" were denied money from the province's Environmental Trust Fund this year even as government took $4 million for its own use, Environment Minister Bruce Fitch acknowledged on Friday. more »
- Alcohol, slippery road factors in fatal Tracadie car crash
- A RCMP investigation said slippery road conditions and alcohol were factors in a fatal car crash that killed four young people in the Acadian Peninsula last December. more »
- Cohon challenges Maritimes to support new CFL team
- CFL commissioner Mark Cohon believes the maritime region could support a tenth team and said he will work towards a new franchise during his time as commissioner. more »
Must Watch
Top News Headlines
- Senator Pamela Wallin leaves Conservative caucus
- Senator Pamela Wallin says she is recusing herself from the Conservative caucus while her travel expense claims are under scrutiny. Wallin's departure comes one day after Senator Mike Duffy left the Tory caucus amid controversy over his expense claims.
more »
- Toronto Mayor Rob Ford denies crack cocaine allegations
- Toronto Mayor Rob Ford says allegations he was caught on tape smoking crack are "ridiculous," following reports that someone had been trying to sell a purported recording of such an event to U.S. and Canadian media outlets. more »
- Sailor fighting cancer says AWOL charges dropped
- All charges against a Nova Scotia woman in the Royal Canadian Navy who is fighting cancer, and who was charged with being absent without leave and facing a court martial have been dropped, the woman and her lawyer say. more »
- Should genetic testing for cancer be available to all Canadians?
- The revelation that Hollywood celebrity Angelina Jolie had a double mastectomy as a preventative measure against cancer stoked heated discussion this past week, but one prominent cancer researcher says it demonstrates the need to make genetic testing available to all Canadians. more »
- 12 young leaders changing Canada in this week's Generation Why
- If the number of young entrepreneurs and innovators in Canada is any indication, the generation that came of age alongside the modern web is ready to rethink everything. Meet 12 young people our readers nominated as the most dedicated, impressive, creative and intelligent Canadians under the age of 30 they know. more »
- Dennis Oland named as prime suspect in father's slaying
- Doctor loses legal fight over abortion policy
- Alcohol, slippery road factors in fatal Tracadie car crash
- 'Everybody knew' Ashley Smith was in danger, guard says
- Environmental Trust Fund cash given to Perth-Andover
- CUPE workers 'worried' over future health cuts
- Cohon challenges Maritimes to support new CFL team
- Quarter-sized hail pounds Charlotte County
- Fundy Trail extension gets $7.9M

