Taylor Kennedy's lawyer argues blood sample evidence should be thrown out

A woman who hit and killed a child has been granted permission to attend her trial virtually after her lawyer cited concerns about comments made by the gallery.

Taylor Kennedy has been charged with impaired driving exceeding the prescribed blood-drug concentration of THC, causing the death of nine-year-old Baeleigh Maurice.

Maurice was going to school on Sept. 9, 2021, pushing her scooter at a crosswalk on 33rd Street West, when she was hit by Kennedy's truck.

At the crash scene — before an officer read Kennedy her rights — Kennedy told police she vaped marijuana and micro-dosed magic mushrooms the day prior.

Kennedy’s trial began on Oct. 10, 2023, and continued on Friday at Saskatoon Provincial Court.

"Ms. Kennedy has a constitutional right to her day in court and has a guarantee of her ability to make her case in that court. Her ability to do so is undermined by what's been happening," defence lawyer Thomas Hynes told the judge.

"There have been plenty of times, in our view, for warnings from security. We need the court to do something more."

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There appeared to have been a dispute between Kennedy and Maurice's mother at the courthouse, during a morning break.

The conversation was not privy to open court but prompted the defence to request his client to be moved out of the courtroom.

Hynes asked the judge if Kennedy could appear by phone.

During the request, the gallery sighed and shook their heads.

"I've concluded that I'm comfortable with Ms. Kennedy continuing to attend the trial, out of this room, by video — so that we can see her, and she can see us," Judge Jane Wootten said.

Kennedy appeared on a screen in the courtroom for the duration of Friday's proceedings.

Defence argues blood samples should be excluded as evidence

Hynes painted a picture of a chaotic and confusing crime scene, filled with officers who wanted to help but were not legitimately dispatched.

“It added to the chaos and disorganization and the effective breach of Ms. Kennedy's rights in this case,” Hynes told the court.

"This was a case where, at best, the police just weren't thinking.”

Officers conducted saliva and blood tests after Kennedy made admissions about consuming drugs. Hynes told journalists those statements were “the building blocks towards getting the blood sample, and the blood sample is the key evidence in this case.”

Hynes argued if Kennedy had read her rights, including the right to a lawyer, she may not have taken the saliva or blood tests.

"She could have been given advice … so that she could make an informed choice about whether to comply,” Hynes told the judge.

“It’s entirely possible that a person in Ms. Kennedy’s situation would have then chosen to refuse.”

Crown prosecutor Michael Pilon argued Kennedy didn’t want a lawyer.

"I am surprised we are still even talking about a breach of the right to counsel of choice, because again, Ms. Kennedy testified, she admitted in her testimony, she never once told anybody that she wanted to call a lawyer,” Pilon said.

"During a roadside stop situation, there is no right to counsel. During a motor vehicle collision report scenario, there is no right to counsel.”

The defence also argued Kennedy had not been given a trial within a reasonable time. If a judge agrees, the proceedings would be stayed.

The case is scheduled to return to Saskatoon Provincial Court on Sept. 4.