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Tuesday, May 3, 2011

Panel Reserves Decision In Smith Case Review

A three-judge panel reserving its decision today as to whether an Ontario coroner made a mistake in excluding graphic jailhouse videos from an inquest into a teen inmate's death.
The videos depict Moncton teen Ashley Smith being forcibly restrained and injected with anti-psychotic drugs in a Quebec prison several months prior to her 2007 death in an Ontario institution.
Smith's family says the tapes would give the jury a true picture of her state of mind when she strangled herself in a segregation cell while staff at the Kitchener, Ontario jail looked on.


A divisional court in Toronto heard arguments for a day and a half before Justice David Aston announced that they were undecided.
Michael Doi, the lawyer representing presiding coroner Bonita Porter, says she was fulfilling her role when she decided the tapes are not relevant. The Smith family lawyer Julian Falconer argued that refusing to admit the tapes may render the coroner's inquest, scheduled to begin on the 16, futile.