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Ashley Smith's family challenges coroner over evidence

An undated family handout photo of Ashley Smith, who took her own life in a federal institution on October 19, 2007. The photo was taken before she was incarcerated. (THE CANADIAN PRESS/Tom Hanson)
An undated family handout photo of Ashley Smith, who took her own life in a federal institution on October 19, 2007. The photo was taken before she was incarcerated. (THE CANADIAN PRESS/Tom Hanson)

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Date: Wednesday Mar. 30, 2011 6:53 AM ET

TORONTO — The family of a teen who died in an Ontario prison plans to take the coroner presiding over an inquest into Ashley Smith's death to court.

Lawyer Julian Falconer says the Smith family disagrees with Dr. Bonita Porter's decision to exclude evidence covering the 19-year-old's treatment in a Quebec prison.

Porter ruled the video from Joliette Institution -- made less than 90 days before Smith's death at the Grand Valley Institution in Kitchener, Ont., in October 2007 -- is not relevant to the inquest, set to begin April 4.

Falconer says the videos depict the mentally ill teen being injected with anti-psychotic drugs while being restrained to a gurney for hours on end.

Falconer says the family, and the Canadian Association of Elizabeth Fry Societies, supported by the Provincial Advocate for Children and Youth will challenge Porter's decision in Ontario Divisional Court.

Smith was initially given a 90-day sentence for throwing crabapples at a postal worker. But in-custody incidents kept her behind bars in numerous prisons before her death.

"I have been fighting for the last four years for only one thing: that the truth be known about how my daughter was abused in the federal prison system," Smith's mother, Coralee Smith, said Tuesday.

Initially, the inquest was limited to looking at the last 13 weeks of Smith's life -- the time she was in Ontario prisons -- but was broadened to the last 11 months of her life in November.

"We had hoped that the November ruling to expand the inquest would mean that we could trust that a full inquiry into the circumstances of Ashley's death would happen," Smith said. "Now we have completely lost confidence in this process."

She said the family is challenging Porter's ruling so that the inquest jury can hear the full story of her daughter's death.

Kim Pate of the Canadian Association of Elizabeth Fry Societies said she could not believe Porter could have seen the videos and not view them as crucial to the jury's deliberations.

"If she has not seen them, then it is mystifying that she is willing to rule on such vital and contemporaneous records of Ashley's treatment," Pate said.

"The Joliette videos should not be suppressed," she added.

Pate described the Joliette videos as "shocking and disturbing" in an affidavit.

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