Lawyers argue whether Taylor Kennedy's rights were violated at fatal collision scene
CBC
Lawyers argued at Saskatoon provincial court Thursday about whether police violated Taylor Kennedy's rights after she struck and killed nine-year-old Baeleigh Maurice in 2021.
Kennedy is charged with impaired driving causing death. After hitting Maurice on the morning of Sept. 9, Kennedy told police at the scene that she had vaped cannabis and microdosed psilocybin mushrooms the day before. Kennedy later testified in court to using the substances to combat mental health issues like anxiety.
In June, Judge Jane Wootten ruled that Kennedy's confession to police was not forced by officers, despite defence counsel's submissions that officers had compelled it.
On Thursday, lawyers argued about whether officers "psychologically detained" Kennedy by their actions. Hynes argued that Kennedy felt like she could not leave the scene, and was therefore detained and should have the right to a lawyer.
Crown prosecutor Michael Pilon disagreed, stating that she was not detained and would not have been allowed to leave because it was law to remain at the collision. He also pointed to her testimony that she voluntarily stayed to be as helpful as possible to the injured Maurice, who died later in hospital.
Pilon referenced case law in his argument, stating that other people in similar situations were not found to be detained.
The Crown and defence also argued about whether the THC screening was completed in a timely manner, as specified in the Criminal Code. The Crown said there were not tests readily available because of how recently laws had changed. The defence argued that's not an excuse for police forces.
The lawyers also debated whether Kennedy was given a right to call her lawyer before she contacted legal aid and whether a blood test Kennedy had taken was lawful.
Several of Maurice's family and supporters were in the courthouse, wearing blue shirts with the girl's face on them. Some sobbed or angrily left the room at times.
"Once again, I'm just disappointed that they're prolonging this," said Federation of Sovereign Indigenous Nations (FSIN) vice-chief Aly Bear Thursday afternoon. The FSIN represents Saskatchewan's First Nations.
Court will return on Tuesday to decide when more arguments will be heard.
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