First Nation leaders push to close 'loophole' laws after judge stays fatal THC-impaired driving charge

The Federation of Sovereign Indigenous Nations (FSIN) wants to change the Criminal Code of Canada to prioritize victims that are children.

"We're going to call it Baeleigh's Law," FSIN Fourth Vice Chief Craig McCallum told journalists.

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 prior.

Kennedy was charged with impaired driving exceeding the prescribed blood-drug concentration of THC, causing death. On Dec. 13, a judge stayed the charge against Kennedy because she was not tried within a reasonable time.

Matters at Canadian provincial courts must reach a conclusion by 18 months. The judge ruled Kennedy's matter took about 24 months.

"We at the FSIN are going to ... seriously look at the laws that allowed something like this to happen, that allowed a loophole to take precedence over the life of a child," McCallum said during a press conference, sitting beside Maurice's mother.

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Baeleigh's Law would include six amendments to the Criminal Code:

1. In cases where a child under 16 has died, as a result of the accused, the court must give special consideration to the interests of the child's family, to prioritize timelines and outcomes

2. Special designation should apply for criminal cases involving the death of a child, to prevent procedural delays. Case management hearings must be held every 90 days to monitor progress and require mandatory explanations for any delays

3. Families of child victims shall be entitled to court-appointed advocates, who ensure that their voices are heard throughout the legal process

4. Charges that are stayed, due to procedural issues, shall not apply in cases involving a child's death. Instead, the court must either set a fixed trial date within a revised timeline or escalate the case for priority resolution at a higher court

5. Cases involving impaired driving causing the death of a child must trigger an automatic review of existing impairment driving laws to address any gaps

6. If impairment contributes to the death of a child, the court must treat it as an aggravating factor, ensuring a minimum sentence considers the victim's vulnerability

Colton Fehr, an assistant professor at the University of Saskatchewan's College of Law, said the Criminal Code is "dynamic" and changes multiple times a year.

"This is very common, and I commend [the FSIN] for bringing some proposed solutions," Fehr told CTV News.

In 2016, the Supreme Court of Canada introduced new framework for unreasonable timelines — outlining the 18-month ceiling.

When a case is delayed, Fehr said the law doesn't offer alternative outcomes, beyond a stay of proceedings.

"In the judge's defence, she's applying the law as it currently exists. There has been a surprising lack of prosecutor arguments, as to how to develop the law," Fehr said.

"We shouldn't just be presuming that delay leads to a stay of the proceedings. We should say, 'Okay, delay is established, that constitutes a Charter violation, and we should treat that seriously and remedy it.' But then we have to ask the question of, 'What is the proportionate remedy?'

Fehr said he doesn't believe a stay of proceedings was the appropriate remedy in the Kennedy trial.

The FSIN is advocating for an appeal. The Crown did not speak to journalists after the judge's decision, but the defence said it expects an appeal to be filed.