Smith inquest into second week
Posted May 24, 2011 06:30:03 PM.
This article is more than 5 years old.
There was no decision at the Ashley Smith inquest today regarding a motion from the Correctional Service of Canada for a publication ban on the inquest’s evidence.
The CSC wants the faces of guards blurred in the media for any guards who appear in photos and some 15 use-of-force videos to be submitted to the inquest.
19-year old Smith died in a prison cell in Kitchener in October 2007 as guards stood at her cell door under orders to stop intervening in her frequent suicide attempts.
CSC counsel, Joel Robichaud, argued it was a matter of protecting the privacy and security of the guards.
Current warden at Grand Valley Institution for Women, David Dick, argued the same, but when cross-examined, could not provide any examples of risk to privacy.
Lawyers for the Smith family, the Elizabeth Fry Societies, and media outlets all argued against blurring the faces, saying the privacy concerns were all speculative.
They argued it’s already known in the prison population at Grand Valley Institution for Women which guards were present when Ashley died.
They also argued that the guards knew they were being videotaped during use-of-force incidents and they knew those videos could end up in a public court, so have no expectation of privacy.
Further, that public openness is crucial in an inquest like this.
Richard Macklin, counsel for the Ontario Advocate for Children and Youth, went so far as to say a coroners inquest is a bulwark against white-wash and cover up.
Dr. Bonita Porter will make a decision about the CSC motion tomorrow.
CSC withdrew earlier motions for a more sweeping publication ban on all evidence until the end of the inquest, which won’t be until the Fall at the earliest.
Counsel for the Correctional Service, Joel Robichaud, explains the purpose of their request for a publication ban is to protect their employees’ privacy interests.
CSC spokesperson, Suzanne Leclerc, adds prison videos of Ashley could be abused on YouTube and social media.
Counsel for the Smith family, Julian Roy, says the publication ban doesn’t match one of the purposes of an inquest: to ensure there are no concerns of a white-wash or a cover up.
