Crown files arguments challenging ruling in THC-impaired driving case where child was killed

The Crown is advocating for a stay in proceedings to be overturned in the case of Taylor Kennedy. Stacey Hein has the details.

The Crown has filed written arguments asking the Saskatchewan Court of Appeal to overturn a judge’s decision in a high-profile case involving the death of a nine-year-old girl in Saskatoon.

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

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

On Dec. 13, 2024, Judge Jane Wootten stayed Kennedy’s charge of impaired driving, ruling that she was not tried within a reasonable time.Matters at provincial courts must reach a conclusion within 18 months. Wootten found Kennedy’s matter took about 24 months.

The Crown is appealing the decision. It filed a notice of appeal on Jan. 6, 2025 and submitted written arguments to the Saskatchewan Court of Appeal last month.

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In its submission, the Crown argued that part of the delay should be attributed to the complexity of the case and exceptional circumstances, including disruptions caused by the COVID-19 pandemic.

It noted that during the delay hearing, Wootten acknowledged the pandemic caused court backlogs but said she could not attribute a specific length of the delay to COVID-19. The Crown argued it provided data showing pandemic-related delays at Saskatoon Provincial Court extended case timelines by four months in 2022.

The Crown also said the trial was derailed by “minimal notice” of a Charter issue raised by the defence, which complicated the case and gave prosecutors little time to gather evidence in response.

Factoring in delays attributable to the defence and pandemic-related backlogs, the Crown calculated a delay of 504 days, or about 16 and a half months, which it argues falls within the 18-month limit.

The Crown is asking the Court of Appeal to lift the stay and send the case back to the trial judge for a decision based on the evidence.

Defence lawyer Thomas Hynes believes the appeal will be unsuccessful.

“We remain confident the Court of Appeal will uphold Judge Wootten’s decision on delay,” Hynes told CTV News in a statement.

A date for the appeal hearing has not yet been set.

Maurice’s mother, Rochelle Cook, said she has some hope the decision will be overturned.

“But I’m not going to set my heart on anything,” she told CTV News. “This has been very exhausting, this entire process.”