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Tuesday, November 26, 2013

WAS ASHLEY SMITH'S DEATH A HOMICIDE?



Today's Waterloo Region Record has this story "Cell death a homicide, jury told". Julian Roy the lawyer for the Smith family believes it was and is asking the jury to so rule. The ramifications of that are huge and indeed might be the only way to actually get substantive change within the Correctional Services Canada (CSC). Mr. Roy referred to the order not to enter Ashley Smith's cell until she stopped breathing as an "obscenity". Lawyer Howard Rubel representing the jail guards referred to the do not enter order as "illegal". While he claims that it was not obeyed by the guards nevertheless the ominous threats of criminal charges against guards if they failed to comply, most certainly must have affected their decision making and timing in entering the cell to remove ligatures.

The Warden Cindy Berry brought in a regional manager to advise guards that if Ashley Smith died it would be ruled "death by misadventure". Julian Roy's response to that is excellent namely "If you have decided it's an accident before somebody dies, it's not an accident". Management initially tried to scapegoat the very guards who resisted management's obscene and illegal orders. The buck has landed on the Warden's desk with a thud. Besides the regional manager and their disgusting comment does the do not enter orders go any higher up the CSC chain of command? That information I would like to have heard more about.

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