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.