DIVISIONAL COURT FILE NO.: 162/11
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, LOW AND LEDERER JJ.
BETWEEN:
CORALEE SMITH, PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH AND THE CANADIAN ASSOCIATION OF ELIZABETH FRY SOCIETIES
Applicants
– and –
DR. BONITA PORTER, CORONER AT THE INQUEST INTO THE DEATH OF ASHLEY SMITH
Respondent
Julian N. Falconer and Julian Roy, for the Applicant, Coralee Smith
Richard Macklin, for the Applicant, Provincial Advocate for Children and Youth
Breese Davies, for the Applicant, Canadian Association of Elizabeth Fry Societies
Victoria Yankou and Joel Robichaud, for the Respondent, Correctional Services of Canada
Michael T. Doi and Michelle Kushnir, for the Respondent, Dr. Porter
John H. McNair, for the Respondent, St. Joseph’s Health Care, R.M.H.C. St. Thomas
Nancy M. McAuley, for the Respondent, Dr. Rogers Dr. Ligate and Dr. Swaminath
HEARD at Toronto: May 2, 2011
Ruling on access to information on usb keys
ASTON J. (ORALLY)
1Mr. Falconer, we don’t consider that was inappropriate for you to have passed on that message on behalf of the media. We did discuss that. Our decision with respect to that aspect of it is that there is no motion before the Court for us to deal with. The fact that we proceed today does not hinder anyone’s ability to bring whatever appropriate motion they want to bring at some future date.
2The decision about the USB keys, needs to be reviewed within the context of the judicial review application itself and what we understand to be a fairly narrow issue. The judicial review application essentially challenges the decision of the Coroner not to compel the production, in advance, of the tapes.
3In terms of the grounds that might support the relief sought in the application, they are limited to that particular issue. The parties have had access to the information on the USB key and have been able to refer to it in the material that they filed on this judicial review application. In that sense there is no apparent prejudice to anyone’s position with respect to the narrow issues that we need to address.
4There is, in our view, no need for the Court to access the information on the USB key at this moment in time. When and if an issue arises in the course of the oral submissions, that necessitates us coming back to this point, we will do so at that time.
ASTON J.
LOW J.
LEDERER J.
Date of Reasons for Judgment: May 2, 2011
Date of Release: May 18, 2011
CITATION: Smith v. Porter, 2011 ONSC 2744
DIVISIONAL COURT FILE NO.: 162/11
DATE: 20110502
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, LOW AND LEDERER JJ.
BETWEEN:
CORALEE SMITH, PROVINCIAL ADVOCATE FOR CHILDREN AND YOUTH AND THE CANADIAN ASSOCIATION OF ELIZABETH FRY SOCIETIES
Applicants
– and –
DR. BONITA PORTER, CORONER AT THE INQUEST INTO THE DEATH OF ASHLEY SMITH
Respondent
ORAL REASONS FOR JUDGMENT
ASTON J.
Date of Reasons for Judgment: May 2, 2011
Date of Release: May 18, 2011