The lawyer representing a woman who struck and killed a child while driving says a number of her Charter rights were violated.
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 it by a truck.
The driver, Taylor Kennedy, 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.
As the voir dire — a trial within the trial that determines which evidence is admissible — resumed Thursday, Kennedy's lawyer Thomas Hynes argued his client was psychologically detained by police at the crash site.
Hynes said Kennedy was a “minority” at the scene because she was a young woman surrounded by armed police officers. He said an officer was with her at all times and that “all eyes” were on her.
Any reasonable person would feel they couldn’t leave in that situation, Hynes said.
He also said Kennedy was not given her right to a lawyer.
The Crown prosecutor, Michael Pilon, argued Kennedy never asked to speak to a lawyer and officers suggested she contact legal aid. Pilon said all eyes weren’t on Kennedy, they were on the child who was hanging on for her life.
He said Kennedy was not psychologically detained, because she testified earlier in the voir dire that she stayed at the scene because she wanted to help Maurice.
Judge Jane Marie Wootten adjourned the matter until July 23 to set the next court date.
-With files from Laura Woodward
