Three workers now face charges in inmate's death
October 26, 2007
The Canadian Press

Ashley Smith of New Brunswick died last Friday of asphyxiation, which investigators say was self-initiated, Waterloo Regional Police reported yesterday.

Charged with criminal negligence causing death are Karen Eves, 52, of Kingston, Valentino Burnett, 47, of Stoney Creek, and Blaine Phibbs, 31, of Caledonia.

They are charged under a section of the Criminal Code that relates to "omitting to do anything that it is his (or her) duty to do, shows wanton or reckless disregard for the lives or safety of other persons."

Several other employees, including a supervisor, have been suspended without pay, which the Union of Canadian Correctional Officers says breaches their collective agreement.

Ms. Smith was serving a sentence of six years and one month for various offences committed as a youth, a Correctional Service of Canada release says. Her sentence began Oct. 17, 2003.

Correctional Services will also investigate and a coroner's inquest will be held.

Inspector Bryan Larkin of Waterloo Regional Police said the initial investigation did not indicate foul play, but that "pieces of evidence" turned it into a criminal probe.

"I expect that it will be addressed in an expedient, efficient and sensitive manner, after which appropriate action will be taken."

"They want to be able to put their daughter to rest," Ms. Pate said in an interview. "She was taken away at 15 into youth custody, and has been sent back to them at 19 in a body bag. They're extremely, understandably distressed by how this could have happened.

Fernando Aziz, president of the Grand Valley local, told the Kitchener-Waterloo Record that the suspensions and charges are unsubstantiated and that staff acted professionally and did everything they could to save Ms. Smith's life, including performing CPR.

The family has asked for privacy at this time, Ms. Pate said.

She knew Ms. Smith through her regular visits with inmates across Canada. She did not want to talk in detail pending the investigation, but said her death should be yet another wake-up call that overwhelmed prisons are no place for offenders with mental health issues.

Ms. Smith was kept in segregation for long periods. She hopes investigators will recognize the added harm of isolating the most distraught and unstable inmates.