The Saskatchewan Court of Appeal has rejected the Crown’s appeal to reverse a judge’s decision to stay a fatal impaired driving charge following the death of nine-year-old Baeleigh Maurice. In a recent ruling, a panel of three judges unanimously concluded that the Crown did not demonstrate that Taylor Kennedy did not experience unreasonable delays leading up to and during her trial.
Although the judges acknowledged the Crown’s argument that the initial judge miscalculated the total duration of the case delays, even after adjustments were made for factors such as the impact of the COVID-19 pandemic, Kennedy was still not brought to trial within a reasonable timeframe. As a result, the Crown’s appeal was dismissed.
The incident occurred on September 9, 2021, when Kennedy struck Maurice with her truck as the girl was crossing the street in front of her home. Kennedy admitted to law enforcement that she had consumed cannabis and microdosed psilocybin mushrooms the day before the tragic event.
Kennedy was formally charged on March 15, 2022, and the trial began in provincial court, with final arguments concluding on August 30, 2024. The presiding judge, Jane Wootten, stayed the charge on December 13, 2024, citing that the case had exceeded the 18-month time limit set by the Supreme Court, with Kennedy’s case lasting 899 days, just shy of 30 months.
Following the judge’s ruling, the Crown initiated an appeal in January 2025, contending that the trial judge had erred in not accounting for the COVID-19 backlog delay and deducting time for rendering a decision on an application related to Kennedy’s statement to the police.
In its decision, the appeals court specified that adjustments should have been made for pandemic-related delays and defense counsel unavailability, totaling 134 days. This ruling has further compounded the challenges faced by Maurice’s family, who have been advocating for pedestrian safety measures in the area.
Maurice’s family spokesperson, Sarah Smokeyday, expressed disappointment with the outcome, emphasizing the need for healing and positive change to prevent similar tragedies in the future. Meanwhile, Kennedy’s legal representative, Thomas Hynes, welcomed the decision, noting that it upheld the trial judge’s assessment regarding the case’s progression and the absence of exceptional circumstances that would warrant a different outcome.