""Whether one agrees or disagrees with any particular adjudicator, it should be a concern to all of us that an adjudicator is mysteriously replaced by an outside agency," said Julian Falconer, lawyer for the Smith family.
"Far more questions than answers attach to this. And it is dangerous to go forward without clearing the air."
Despite her controversial handling of the case, Porter told the inquest in late June she would deliver three outstanding rulings within days — only to be suddenly replaced with another coroner with a law degree.
A press release from Ontario's chief coroner stated it was due to Porter's pending retirement in November.
On Wednesday, the Smith Family and CAEFS filed formal court documents accusing the chief coroner of interfering with no legal basis, stating the move has left a perception the inquest has "fallen victim to interference from 'on high.'""
CBC NEWS;
(See Toronto Star story by reporter Diana Zlomislic below);
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BACKGROUND: Ashley Smith, 19, died in her prison cell at Grand Valley Institution near Kitchener, Ont., in October 2007 from self-strangulation. She had been transferred between federal institutions 17 times during her final 11 months, most of that time kept in segregation and often on suicide watch dressed in a highly restrictive gown. Jailed at age 13 for a crab apple-throwing incident in New Brunswick, Smith was eventually transferred to an adult facility after she kept getting into trouble behind bars by constantly kicking, grabbing and spitting at guards. Lawyer's for her family and the media had successfully attacked then presiding Coroner Dr. Bonita Porter's efforts to limit the scope and evidence to be called at the inquest which is currently on hold. Dr. John Carlisle has been appointed by Chief Coroner Dr. Andrew McCallum to take over the Inquest. The inquest is of interest to this Blog because it relates to the openness of public death investigations - and the necessity to ensure that deaths warranting inquests get full scrutiny.
The "Publisher's View" on Dr. Carlisle's appointment to take over the inquest - "Filling in the public record: The appointment of Dr. John Carlisle to take over the beleaguered inquest" - can be found at:
http://smithforensic.blogspot.com/2011/07/ashley-smith-filling-in-public-record_18.html
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"The family of Ashley Smith is demanding to know why the coroner presiding over her prison-death inquest was removed from the case in late June," the CBC News story published earlier today begins, under the heading "Ashley Smith's family questions coroner's removal."
"On Wednesday, lawyers for the family and the Canadian Association of Elizabeth Fry Societies demanded a hearing before Ontario's chief coroner, Dr. Andrew McCallum," the story continues.
"They accuse him of a "dangerous precedent" suggesting he replaced the inquest's presiding coroner, Dr. Bonita Porter, last month without any legal authority to do so.
Porter was hit with criticism from both Ontario's Divisional Court and participants at the inquest over her secrecy and the limited scope of the probe into Smith's death.
In May, Porter was told she was wrong to exclude controversial prison videos of forced injections from the inquest in Toronto.
Smith was 19 when she choked herself to death with a strip of cloth in her cell at the Grand Valley Institution near Kitchener, Ont., in October 2007 as guards looked on. The New Brunswick teen's death came after months of repeated transfers within Canada's adult prison system and an eventual spiral into self-strangulation behaviours.
"Whether one agrees or disagrees with any particular adjudicator, it should be a concern to all of us that an adjudicator is mysteriously replaced by an outside agency," said Julian Falconer, lawyer for the Smith family.
"Far more questions than answers attach to this. And it is dangerous to go forward without clearing the air."
Despite her controversial handling of the case, Porter told the inquest in late June she would deliver three outstanding rulings within days — only to be suddenly replaced with another coroner with a law degree.
A press release from Ontario's chief coroner stated it was due to Porter's pending retirement in November.
On Wednesday, the Smith Family and CAEFS filed formal court documents accusing the chief coroner of interfering with no legal basis, stating the move has left a perception the inquest has "fallen victim to interference from 'on high.'"
The chief coroner's office has not had an opportunity to respond."
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The story can be found at:
http://www.cbc.ca/news/canada/new-brunswick/story/2011/07/20/nb-family-ashley-smith-coroner-removal.html
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TORONTO STAR STORY; REPORTER DIANA ZLOMISLIC; "FAMILY CHALLENGES CORONER CHANGE IN ASHLEY SMITH INQUEST."
"The family of Ashley Smith wants to know why the presiding coroner in the teen’s prison-death inquest was abruptly taken off the case last month.
Lawyers for the family and the Canadian Association of Elizabeth Fry Societies, an advocacy group for female inmates, are demanding a hearing before Ontario’s Chief Coroner Dr. Andrew McCallum.
In a motion filed with coroners’ court, they said McCallum was setting a “dangerous precedent” by replacing Porter midway through the proceedings.
They said there is no evidence that Porter was “unable to continue” in the role — though a statement released by the coroner’s office said she planned to “exercise her retirement option” in the fall. The Coroner’s Act states that a coroner may only be replaced for reasons of incapacity.
Smith, 19, choked herself to death in 2007 with a strip of cloth inside her segregation cell at Kitchener’s Grand Valley Institution while prison guards watched. Before her death, she had been shuttled between prisons across Canada, spending most of her time in solitary confinement.
Porter was expected to deliver three rulings that had been reserved since May.
The new coroner, Dr. John Carlisle, who is also a lawyer, “is not legally entitled to rule” on the matters that were argued before Porter, the motion states.
The inquest was expected to resume in September."
The story can be found at:
http://www.thestar.com/news/canada/article/1027922--family-challenges-coroner-change-in-ashley-smith-inquest
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
