Sask. lawyers defend judge for staying fatal THC-impaired driving charge

The Saskatchewan Trial Lawyers Association is defending a provincial court judge, who’s facing backlash for staying a charge in a high-profile case involving the death of a child.

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.

Last week, Judge Jane Wootten stayed the charge against Kennedy, ruling she wasn’t tried within a reasonable time.

Friends and family of Maurice say the justice system failed the nine-year-old girl.

“Our hearts were ripped out, because once again we watched the justice system fail,” Sarah Smokeyday, a family friend, told reporters on Tuesday.

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While the judge’s ruling has sparked outrage from Maurice’s supporters, the Saskatchewan Trial Lawyers Association (STLA) said the judge upheld her duty.

“We don't have a written decision yet, but based on the information we do have, and just based on the way the law is set up, essentially, she acted judicially within her role and basically did what was available to her,” Michelle MacDonald, a STLA member, told CTV News on Friday.

In 2016, the Supreme Court of Canada ruled matters at Canadian Provincial Courts must reach a conclusion within 18 months. Judge Wootten ruled Kennedy’s matters took about 24 months, or six months too long.

MacDonald noted when calculating a delay, any delay caused by the defence is taken out of the timeline.

She said the STLA felt it was important to clarify the judge’s position on the case, because a judge cannot speak to the community directly.

“Judges are only permitted to speak through their decisions, and so any time when there is something like this that's happening in the community, they can't exactly provide further explanation to the community,” she said.

The STLA said Kennedy’s lawyer also upheld his duty by protecting his client’s charter rights, including the right to be tried within a reasonable time.

“The truth of the matter is, if those charter rights slip for even one of us, they slip for everybody. And so, part of the role of defense lawyers and the Crown and the court is making sure that the Charter is upheld for everybody,” MacDonald said.

Maurice’s supporters and the Federation of Sovereign Indigenous Nations are advocating for an appeal.

Earlier this week, the Ministry of Justice and Attorney General told CTV News Public Prosecutions is reviewing the decision to see if there’s legal grounds to file a notice of appeal.