Defence files arguments in Saskatoon THC-impaired driving case involving child’s death

Defence lawyers have submitted their written arguments in a high-profile THC impaired driving case. Stacey Hein reports.

Defence lawyers have submitted written arguments asking the Saskatchewan Court of Appeal to uphold a judge’s decision in a high-profile case involving the death of a nine-year-old Saskatoon girl.

On Sept. 9, 2021, Baeleigh Maurice was walking her scooter through a Saskatoon crosswalk when she was struck and killed by Taylor Kennedy’s truck.

At the crash scene, Kennedy told police she had vaped marijuana and micro-dosed magic mushrooms the day before. She was later charged with impaired driving exceeding the prescribed blood-drug concentration of THC, causing death.

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On Dec. 13, 2024, Judge Jane Wootten stayed the impaired driving charge, ruling Kennedy was not tried within a reasonable time. Provincial court cases must be resolved within 18 months. Wootten found Kennedy’s case took about 24 months.

The Crown is appealing the decision.

Prosecutors attribute part of the delay to COVID-19 backlogs, citing data showing cases at Saskatoon Provincial Court were delayed by about four months in 2022.

In her ruling, Wootten agreed that a backlog of cases developed in the aftermath of the pandemic but could not attribute a particular length of delay to COVID-19.

Prosecutors also argued that a late Charter issue raised by the defence added complexity to the case.

Kennedy’s lawyers, Thomas Hynes and Taylor Schlamp, maintain the judge made the correct decision, noting Kennedy was charged in March 2022.

“Almost two full years after she was charged, the end of her trial was nowhere in sight,” the respondent factum reads.

“She applied for a stay of proceedings on the basis of a breach of her right to a trial within a reasonable time.”

Her lawyers say Wootten was “uniquely positioned” to assess how Kennedy conducted her defence and how the Crown managed its case.

“The trial judge did not err in her ultimate conclusion the delay was unreasonable,” the factum states.

Kennedy’s lawyers point to Wootten’s finding that the case was not complex, with one charge, one accused and one incident. They note Wootten said the Crown should have been able to estimate the trial length and anticipate Charter issues without formal notice.

“The trial judge did not err in the way the Crown has alleged. If anything, the trial judge’s delay calculation was overly generous to the Crown,” the factum states.

Kennedy’s lawyers argue Wootten should not have deducted the time it took to make mid-trial decisions.

Her legal team is also requesting a five-judge panel for the appeal hearing, rather than the usual three, as they challenge part of a previous Court of Appeal decision.

A hearing is scheduled for Nov. 5 in Regina, though the date could change depending on the panel size decision.