Corrections Canada says Ashley Smith's family is abusing the justice system by pushing for the release of videos that show the mentally ill teen being forcibly restrained and administered anti-psychotic drugs.
The videos are at the heart of an upcoming judicial review set to examine an Ontario coroner's decision not to include the materials in an inquest into the New Brunswick teen's death.
The prison service plans to ask a Toronto court Monday to quash a summons calling for its commissioner, Don Head, to appear in court with the videos and any records related to those incidents.
The family's lawyer, Julian Falconer, said they need to see the evidence in order to explain to the court why it is relevant to the case.
"Once it's made available to them, they're in the position to make an argument why it's relevant to the proceedings," he said Sunday.
"Right now, they're being asked to make these arguments, in essence, blindfolded."
In its motion to quash the summons, Corrections Canada argues the family is trying to "circumvent the judicial review process" meant to determine whether the videos will be released. The review is scheduled to begin May 2.
The department also writes that Head wasn't commissioner during Smith's incarceration and his knowledge of the matter is "extremely limited."
Corrections Canada could not be reached for comment Sunday.
Smith's family requested the judicial review after presiding coroner Dr. Bonita Porter ruled against hearing some evidence at the inquest.
The family claims that excluding evidence covering the 19-year-old's treatment in a Quebec prison will not give the jury a true picture of Smith's state of mind.
Falconer says the videos from Joliette Institution show the mentally ill teen being injected with anti-psychotic drugs without her consent while being restrained to a gurney for hours on end.
Smith died at the Grand Valley Institution in Kitchener, Ont., in October 2007. The Moncton girl was initially given a 90-day sentence for throwing crab apples at a postal worker, but in-custody incidents kept her behind bars in numerous prisons until her death.
