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Inmate who died likely expected help, watchdog says
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CTV.ca News Staff
Date: Tue. Mar. 3 2009 3:34 PM ET
The official behind a report on the death of Ashley Smith, the New Brunswick teenager who committed suicide while in custody at a federal prison, says the young inmate was seeking attention and likely expected that correctional staff would remove the ligature from around her neck.
Smith, 19, had been in federal custody for 12 months when she choked herself to death at Ontario's Grand Valley Institution on Oct. 19, 2007.
Howard Sapers, Correctional Investigator of Canada, said Smith had tied ligatures around her neck on several occasions prior to her death and staff had been successful in negotiating with her to remove it or forcibly removing it themselves.
"It was a way that Ashley gained attention and gained some human contact," Sapers told CTV Newsnet Tuesday, hours after releasing his report on Smith's death.
"The morning of October 19, I'm sure that it was the same thing happening again -- that she would tie the ligature around her neck probably with the expectation that correctional staff would enter the cell and remove it."
Instead, there was a delay before staff finally entered the cell.
According to court transcripts, seven guards watched as Smith choked herself to death because they had been instructed not to intervene.
"When staff finally did remove the ligature they exited the cell without providing any sort of medical intervention and then subsequently went back into the cell a second time where they began attempts to preserve life," Sapers said.
"Eventually paramedics showed up, transported Ashley to an outside hospital, where she was pronounced dead."
Correctional staff traumatized: union
Jason Godin, Ontario regional president of the Union of Canadian Correctional Officers, said the staff members who witnessed Smith's death have been permanently traumatized by what they saw.
"The last moments of Ashley Smith's life were extremely traumatic for our members and they're going to suffer with that for the rest of their lives," he told CTV Newsnet on Tuesday afternoon.
Godin said the Grand Valley Institution staff members were "exceptional correctional officers" who had "quite a relationship" with the New Brunswick teenager they had saved from death on several occasions.
In the report on Smith's death, Sapers said the young inmate's death was "preventable."
"The teenager died following the inability of federal and provincial health care and correctional systems to provide her with the care, treatment and support she desperately needed," the report said.
In specific reference to Smith's care while in custody of the CSC, Sapers said in his report that "a culmination of failures" contributed to her death.
"The tragic incident continues a disturbing pattern of deaths in custody which are the result of ill-functioning and under-resourced correctional and mental health systems," the report says.
In Smith's memory, Sapers said "we must and we can do better" in the future.
He is calling for a national strategy that would build bridges between the correctional and mental health systems.
"We have to integrate all of those systems together so that there is a more seamless delivery of mental health," he said.
Godin said his union is "fully supportive of a public inquiry."
"We believe there has to be major reform," Godin said.
"We don't want to ever see this happen again. We want to make sure that none of our members are ever exposed to this and that this situation doesn't repeat itself."
Sapers said his report has been well received and that hopefully governments will act on the recommendations quickly.
Three correctional officers and a supervisor were fired after Smith's death.
Four other employees were also suspended without pay for 60 days.
With files from The Canadian Press
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Hide in BC
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Therapy is a must, especially for the young prisoners. Drugs help, but therapy is a neccessity.
I hope the federal prison system will make some changes.
Alanna, from Saskatchewan
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Along with the right medication, those suffering with any mental illness need a good support system, whether in the prison system or not. The system failed this young woman badly and it sounds like it failed her before she was put in prison.
Dean
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Peter Duffy
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David
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Within it, you are either a criminal or insane. There is no proper way to treat the mentally ill who commit crimes. If they are found not criminally responsible in court, a doctor could release them into the community the next day. A number of mentally ill people who have killed, have done so twice because of this flaw.
What is required is a combination hospital and jail. If you stay on your medications and return for periodic supervisory visits, and check ups, you can remain in the community.
If the mentally ill person refuses treatment and medication and more importantly, supervision, then they stay inside until they can be treated and supervised....which might equal their natural lives. Until we accept that being mentally ill is a medical condition that may require lifetime involuntary treatment (expensive), we can get use to more cases like this young girl. Blaming a few jail guards won't fix the problem.
paige
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Linda from Toronto
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Why are they not charged with helping her to commit sucide.
Our system needs so many changes for our young people. Please help so this does not happen again to another family. My heart aches for the family of this young women and for the young women who must have felt so lost that the only way out was to kill herself.
Inkmont
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I'm real tired of people's deaths at the hands of irresponsible people--especially those in authority entrusted with our welfare--being chalked up to a learning opportunity. I'd like to see Canada's laissez-faire justice system wake up and ensure some consequences to the perpetrators. Why is this not negligent homicide? Are any heads going to roll? Time after time people are killed by negligence and those responsible get to learn from the experience while the victim remains very very dead.
Gail
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Canuck in Bellingham Wa
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Everybody's solution to problems seems to be "do it better for less." A lot easier said than done. Hospitals are underfunded. Universities are underfunded. Homelessness, welfare and corrections services are all underfunded. And there is no free source of money. Unless you want the idiocy of the Bush Legacy, namely unlimited debt.
Edmonton Jim
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New World
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John Bisson
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New World
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The short answer is yes of course. We pay taxes so big fat CEO's can earn more, why not use are taxes to help the less fortunate, the mentally ill, the lesser of society… helping criminals rehabilitate and get the help they need helps us all in the long run. They in turn become beneficial to society, start paying taxes, start buying things… but making criminals feel like criminals is to send them back down that path.
What's better in the long Run?
Recycling or Landfills?
Dale - Edmonton
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tim
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kate
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Sue, Ont.
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Laura Langstaff
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Carolina in ON
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CMT
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This is totally unacceptable and in my opinion all who watched and those who ordered the event to unfold should be given jail time.
Brian
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At what point did she first need 'mental health services'?
How much of this went unnoticed by friends and family?
Where does the blame really start?
CO
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When a Warden ORDERS you, in writing, to not enter an inmate's cell; you do as that Warden says. CSC is not a Democracy, it's a rank and file organization.
Ashley Smith's death was tragic, but let's not forget she was a 250-pound "lady" that would throw urin and feces, used tampons at officers. She would also bite, scratch and spit, as well as punch and kick.
Officers intervened in her cell hundreds of times over the last years of her life.
The CSC management became concerned with the amount of paperwork Mrs Smith was creating and therefore ORDERED teh officers to stay out.
And after all that, when she died, CSC fired 4 officers and suspended 3. The 4 fired officers were arrested like common criminals after being lured onto the CSC property by the Management under false pretenses.
Those officers were cleared of all wrongdoing when the Court dismissed their charges.
Oh, but the Warden and Deputy Warden were fired..
When you have allthe information, then make your judgement.
Bill from Winnipeg
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These people deal daily with things you can not even imagime. Things that would make a normal grown man wet their pants in fear.
These imates didn't get there because they are like you and I.
I deplore the instructions not to intervene, and one needs to question why the guards didn't, but if youhonestly believe that guards are heartless,uncaring robots from some other planet, or scum of scum, no better that the criminals the take care of, then, as I said, talk a walk in their shoes, have done to you on a daily basis what is doen to them in the prison on a daily basis, get a golden shower or worse, before you just jump and tag all of them with some ridiculous tag.
For all you know your neighbour could be a guard, and OH By the way.......... try living in a world where you can't disclose your employer to the general public for fear of reprecussion, to you, your wife, children or relatives by the clients and their friends on a daily basis.
Next time, before you decide to just blame them all, think about what it is like to look over your shoulder everywhere you go, and worry about your family every minute of the day because one of your clients may find out where you live, that you have a 3 year old daughter etc etc, and use them to get back at you.
Shame on you all. these people put their lives and tha tof their families on the line for you every day and all you can do is automatically tar and feather them.
You have absolutely no idea the service they are providing for you.
Shame shame ....
Sue, Ont.
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"Those of you criticizing the Correctional Officers don't know what you're talking about."
Unfortunately, in a case like this No One will know all the information.
We are taught right from wrong as children.
The Correctional Officers knew, or certainly should have, what the management was ordering was wrong and could have reported it to be investigated as criminal, while also refusing to do what they know was wrong. (Yes, may even involve risk of losing job!)
By not doing this they are the same as an accomplice.
They are still responsible for their actions. Could have been prevented.
Doug BC
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That said,it is also clear that she was not an easy person to deal with.At this point it remains unclear as to whether or not there is a therapy or a proven way to alleviate her pain.So much of the treatment offered to those with mental health issues is experimental and extremely subjective.
My condolances to her family for their loss.But I suspect their suffering began long before this young woman entered this facility.
I agree that we must continue to look for better ways to help.But that help is highly reliant on the support of family and friends as much as it is on the support of government and doctors.
I totally reject the post by "New World",whose post assumes that society has both the ability,and the responsibility for the rehabilitation of everyone on the planet.
While failure here is very obvious,it seems to me that it is highly likely many people tried to help even before she got into this much trouble.They were just not successful.Just like some physical illnesses,I think some mental issues are just beyond our ability to help with.
As to criminals,I'm all for helping some 17 year old kid who makes a mistake in live.But really,with the taxes I pay,"New World" should not hold his breath waitng for me to sympathize with some fool running around with a gun in his pocket,or being tried for repeat offences.They are the parasites that infect our society,and it's time they either took responsibility for their behaviour.I have no sympathy for them.Nor do I believe they can ever be rehabilitated.For them.I suggest the landfills.They are not the same as this young lady.
Linda
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Candace in NB
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scotian
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M. Cameron
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Baker, Ottawa
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However...
Rank and file? "Und you VILL obey?" What would happen if you didnt? And saved the girls life, even if you knew she'd do it again tomorrow? Would you get the firing squad?
Dean
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Now that I have all of the information from you, I can say that if the CSC is a rank and file organization, then it's similar to the Military. That means regardless if the order was in writing and issued by the Highest ranking person it's still a un-Lawful command and should have been ignored and the 7 individuals, who undoubtely had the training to entre a cell and deal with an unruly inmate, should have entered the cell to prevent this woman, regardless of how big she was, from killing herself. Your are right in one aspect, the Warden and Deputy Warden were fired, which is good but they should be facing criminal charges. As for the 7 indiviuals they also should be facing criminal charges.
Being in the Military myself I know for a fact the if I'm issued an order, regardless of who issued it and it was un-lawful, in which this case it was. Then I'm under no obligation to obey it, and by not obeying and attempting to prevent this woman from killing herself, I wouldn't be in any kind of trouble... Not to mention at the end of the day I could look at myself in a mirror and know that at least I tried.
said
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As the wife of a correctional officer, I have to whole-heartedly agree. The general public has NO IDEA what correctional officers deal with on a daily basis, nor would any of them ever want to walk a mile in their bloody, spit-on, urine covered shoes.
Linda in Vancouver
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But I don't necessarily agree that there was a total societal failure.Mental health is one of the more difficult illnesses to deal with.We have no idea how much help this girl was offered,or how many people tried to help her along the way.It is quite conceivable that there was a great deal of effort to help her with her illness in the years before this failure.
I am a bit offended that New World's post suggests this is,in any way,similar to rehabiltating criminals and drug addicts.Unlike this unfortunate girl,they alone are responsible for their plight.While I am more than willing to turn the other cheek,so to speak,when a person commits some minor crime for the first time in his/her life,I feel no sense of responsibility for the rehabilitation of hard core and violent criminals who commit many crimes.
To use New Worlds own analogy,for those people,if I have to choose between the recycling or land fills,I am fine with the land fills.I am sick to death of a justice system that endangers all of the law abiding citizens in Canada just to placate those who think taxpayers owe something to those who knowingly and willingly break the law by doing things they know very well are wrong on any level.
Lock them up,or deport them if possible.We have never needed these people among us.Nor will we.It is only political correctness that has some convinced they are the same as those who work hard,obey the law,and pay their taxes.They are not the same at all.
LJ
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Don from Ottawa
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How many times did the guards successfully save her in the past? Did she ever assault them in the process? What was she doing in jail in the first place? Did she have a reputation for violence, or for making false threats that were never carried out?
The answers to these questions were surely weighing on the minds of those guards as they were thrust into a situation that none of us would want to face.
Lindsay - Edmonton, Ab
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Robin Charmaine - Scarborough
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Chances are she wasn't delusional or totally out of her mind when she did this and she had to know it was risky. Same goes for this man screaming blue murder over the death of his wife when they intentionally left the path whilst skiing and as a result, she died. When are people going to be held accountable for their choices instead of distributed the most appeasing excuse to feed the masses for the sake of political correctness? THAT lack of the assignment of personal responsibility is what's wrong with this once great country of ours. There is a time for compassion and a time to say "you make your own choices, live by them".
penny4mythoughs
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penny4mythoughs
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Carole Davis
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Sharon R.N. C.P.M.H.N.(C)
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Alan, Alberta
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Colin R
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What a load. The teenager died after she choked herself to death. Trying to place blame for her death on anyone but her is a joke.
CO
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The officers involved were charged. Those charges were DISMISSED by a Federal Judge on December 12th, 2008.
Quote:
Mr. Rubel points to the compelling testimony of a GVI manager, who, under questioning, admitted to falsifying reports, suppressing other information, and lying to investigators about the way Ashley Smith was being handled at the institution. While these matters were, according to the manager, brought to the attention of superiors at both the institutional and regional levels, nothing resulted from these disclosures. He further stated that virtually all of the evidence heard during the preliminary hearing was what numerous correctional officers had been telling Correctional Service Canada and the police since the beginning of investigations into this matter.
Indeed, the fact that a GVI manager admitted under oath to writing false reports and to false testimony confirms the union’s allegations of a cover-up in the Smith case – and that frontline correctional officers were being used as scapegoats to deflect blame for this inmate’s death.
Karen in Calgary
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I wonder how many of those who condemn the corrections staff in this story routinely walk by the needy and homeless on the streets without doing anything to help them?
Without knowing all the details of this story, specifically the background of this woman, I refuse to condemn the corrections staff for how they chose to handle the situation with this woman on this occasion.
Donna Thompson Penticton BC
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And yet these same guards were fired for following instruction not to intervene.
Whoever instructed these guards not to intervene, are the ones who should be fired.
This horror could have been prevented by transferring this young woman to a mental institution, it's obvious that her incarceration was killing her, not everyone can handle a jail term. I question the reason for her incarceration and the longevity of her stay, perhaps her death was more a crime than the crime she committed that landed her in the slammer. This poor woman suffered being incarcerated to the point of taking her own life.
said
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Those officers were likely ordered to stay out until she was unconscious in order to protect their own phsyical safety, based on previous experiences. Everyone seems to agree that she was using the tactic to gain attention - at which time she would have officers in her cell, as her targets. I can not fault a peace officer for preserving his own safety and the safety of his fellow officers primarily, and attempting to save a convicted criminal second.