Charge should be dropped in fatal THC-impaired driving case, defence says
The lawyer representing a Saskatoon woman who hit and killed a child is arguing the case should be thrown out.
Nine-year-old Baeleigh Maurice was going to school on Sept. 9, 2021, pushing her scooter at a 33rd Street West crosswalk, when she was struck by Taylor Kennedy’s truck.
Kennedy is charged with impaired driving, exceeding the prescribed blood-drug concentration of THC, causing death.
She is the first person in Saskatchewan to be charged for causing a death while driving under the influence of THC.
At the crash scene, Kennedy told police she smoked weed and micro-dosed magic mushrooms the day prior.
Kennedy's lawyer, Thomas Hynes, referenced Canada's charter of rights and freedoms says said those statements "were taken in contravention of her Section 7 right to silence and right against self-incrimination."
Hynes said police didn't read Kennedy her rights before questioning her.
"The whole case should be thrown out," Hynes told journalists outside Saskatoon Provincial Court on Monday.
"We're suggesting numerous and serious breaches of her rights ... There were a lot of things wrong with this investigation."
Police officers who responded to the scene have taken the stand as Crown witnesses.
The defence has yet to call any evidence.
Kennedy's trial began on Oct. 10. The trial resumed on Monday after a four-month adjournment.
Another officer was supposed to testify, but the proceedings came to a halt after Hynes argued he wasn't given enough notice about the witness.
Hynes said Crown prosecutor Michael Pilon only provided information about Monday's police witness at 4:41 p.m. on Friday.
For constitutional cases, the defence can challenge evidence within 14 days.
Hynes argued that would be impossible when he only knew about Monday's witness on Friday.
Email correspondence between the two lawyers were entered as an exhibit, and given to Judge Jane Marie Wootten.
The judge adjourned the matter as a result. The next appearance is scheduled for April 17.
CTVNews.ca Top Stories
Canadians across the country mark Remembrance Day
Today Canadians will remember and honour the sacrifice of men and women in uniform who gave their lives in service of the country's values and principles.
Family of Second World War veteran killed in France shares his life and legacy
Two nephews of the beloved Harry R. Hamilton share stories about his life and legacy.
Canada cancels automatic 10-year multiple-entry visas, tightens rules
Canada has announced changes to their visitor visa policies, effectively ending the automatic issuance of 10-year multiple-entry visas, according to new rules outlined by Immigration, Refugees and Citizenship Canada.
Trump announces Tom Homan, former director of immigration enforcement, will serve as 'border czar'
U.S. President-elect Donald Trump says that Tom Homan, his former acting U.S. Immigration and Customs Enforcement director, will serve as "border czar" in his incoming administration.
Alien-like signal from 2023 has been decoded. The next step is to figure out what it means
If Earth's astronomical observatories were to pick up a signal from outer space, it would need an all-hands-on-deck effort to decipher the extraterrestrial message. A father-daughter team of citizen scientists recently deciphered the message. Its meaning, however, remains a mystery.
Bleeding and in pain, a woman endured a harrowing wait for miscarriage care due to Georgia's restrictive abortion law
Since the U.S. Supreme Court’s 2022 Dobbs decision eliminated the federal right to abortion, miscarriage management has become trickier and in some cases, deadlier.
Montreal dockworkers reject deal with lockout to begin
The union representing some 1,200 dockworkers at the Port of Montreal has overwhelmingly rejected a deal with their employers association.
His wife was swept away by Hurricane Helene’s floodwaters. Now he’s been scammed out of nearly US$40,000
Rod Ashby was desperate to find his wife Kim Ashby after their newly built home in Elk Park, North Carolina, was swept away by Hurricane Helene’s floodwaters in late September and she went missing.
Canadian veterans remember how they eased tensions as UN peacekeepers in ethnically split Cyprus
It was the first time that Canadian UN peacekeeper Michelle Angela Hamelin said she came up against the raw emotion of a people so exasperated with their country's predicament.