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Saskatoon Judge Jane Wootten is expected to rule in June on the admissibility of statements 29-year-old Taylor Ashley Kennedy made to police before she was arrested more than two years ago.
Kennedy’s lawyer, Thomas Hynes, made a brief appearance in court on Wednesday to confirm the date and time. Kennedy herself was not in attendance.
Nine-year-old Baeleigh Maurice was riding on her scooter to school on Sept. 9, 2021. As she was crossing 33rd Street West, she was struck by a pickup truck and killed.
Kennedy is charged with impaired driving exceeding the prescribed blood-drug concentration of THC, causing the girl’s death.
Kennedy stopped at the scene as police and bystanders arrived. A short time later, she admitted to officers she’d consumed cannabis and micro-dosed magic mushrooms the day before the collision.
The trial is currently in a voir dire, often referred to as a “trial within a trial,” to determine the admissibility of evidence.
Hynes said the admissions Kennedy made to police should not be allowed in the trial, arguing that her Charter rights were violated.
During a court appearance on April 19, Hynes said no accident report was ever taken by police and said Kennedy had a right not to incriminate herself, adding that “utterances” are supposed to be protected. He claimed his client may also have been confused about both medications and times.
Hynes told the court that prior to Kennedy’s admissions, police treated the collision as a traffic-related matter. After she told them about her drug use, the scope and direction of the investigation changed.
Crown prosecutor Michael Pilon disputed many of those points, arguing that laws regarding self incrimination and utterances were changed more than two decades ago.
He also told the court that at no time did any police officer tell Kennedy she had to answer their questions.
In fact, Pilon said, the reason Kennedy told officers about her drug consumption was because she was doing her best to help Maurice as she was attended to by paramedics nearby. He said Kennedy testified that she felt she had a moral obligation to help Maurice, because it was the right thing to do.
Hynes is not only seeking to have the admissions to police ruled inadmissible in the trial proper. He has also filed an application claiming Kennedy’s right to a trial within a reasonable amount of time has been violated, arguing the case should be dismissed as a result.
Outside of court on Wednesday, Maurice’s mother, Rochelle Cook, said the delays were “annoying and frustrating,” and said all of the waiting has taken a toll on her.
“I don’t like court. I don’t like coming to court. I get depressed for days when I go home,” she said.
But despite the difficulties, Cook said she remains determined to be there for all of Kennedy’s court dates.
“Because my daughter matters to me,” she said.
Wootten is expected to deliver her decision on June 7 at 9:30 a.m.
