Federal government lawyers are trying to quash a coroner’s summons directing Corrections Canada’s Commissioner Don Head to appear before the Ashley Smith inquest.

Head was appointed commissioner overseeing Canada’s federal prisons on June 27, 2008. Prior to that he had been senior deputy commissioner since 2002. Smith died in her prison cell in Kitchener Oct. 19, 2007 of self-asphyxiation after tying a ligature around her neck.

A representative for a prominent advocacy group for women offenders, and lawyers for the Smith family, say Head has key information that can inform the teen’s inquest.

And Dr. John Carlisle, the coroner for the inquest, which is now in its sixth month, says Head has evidence that is “necessary’’ for the purposes of the hearing “in doing its proper duty as a provincial death investigation in the death of Ashley Smith.’’

In a brief, coroner’s counsel for the inquest argue Head would provide insights into Corrections executives’ awareness of the challenges Ashley presented and “interventions’’ taken to address her behaviour.

Since Head will be responsible for implementing recommendations from the Smith inquest’s jurors, he could provide guidance and ideas for the jurors to consider before they write their findings, the brief says.

But Correctional Service of Canada (CSC) lawyers are seeking to quash the summons. In a motion, they argue that having Head appear goes beyond the scope and jurisdiction of the provincial hearing and veers into the management and operations of Corrections Canada.

In addition the lawyers argue that Head “was not involved in any of the decision making relating to (Ashley Smith’s) day-to-day management and care.’’

But Carlisle ruled against that motion Wednesday, telling the inquest “I will not withdraw the summons I have issued to Mr. Head.’’

Lawyers for the Smith family are furious over the developments.

“I would have thought Commissioner Head would be desperate to appear before the inquest to explain what CSC has done in response to Ashley’s death,’’ said lawyer Julian Roy, who along with lawyer Julian Falconer is representing the family of Ashley Smith, including the teen’s mother, Coralee.

In February, Coralee told reporters she wants Head to testify.

Roy said in an interview Wednesday, “the fact he (Head) is trying to duck the inquest gives the family grave concerns that CSC leadership has learned nothing from Ashley’s death and it will be business as usual going forward.’’

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Corrections said they will continue to co-operate with the inquest, but take the position that those involved in the “operational care” of Ashley are better suited to testify at the hearing.

Kim Pate, executive director of the Canadian Association of Elizabeth Fry Societies, a group representing women offenders that has standing at the Smith inquest, said given Head was in a key position during Ashley’s time, and has been commissioner since her death, so his evidence is more relevant than his predecessor Keith Coulter.

It’s not the first time Corrections Canada has been at odds with the Smith family or the coroner.

Federal lawyers previously fought to suppress videos of Ashley’s treatment in the federal prison system, including one showing her being duct-taped to her chair in a plane during a flight from a forensic facility in Saskatchewan.