Judge rules evidence in fatal THC-impaired driving case is admissible

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A Saskatoon judge has ruled a woman’s admission to consuming drugs before a fatal crash can be used in her trial.

Taylor Kennedy is charged with driving under the influence of THC, causing the death of nine-year-old Baeleigh Maurice.

Maurice was on her way to school on Sept. 9, 2021, pushing her scooter at a 33rd Street West and Avenue G crosswalk, when she was struck by Kennedy’s truck.

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

Friday's decision in Saskatoon provincial court keyed in on whether Kennedy was compelled by police to confess to her substance use the day before, as the defence was arguing. The crown prosecution argued she told them of her own volition.

"We need justice served when we see people who are driving and they're admitting to be intoxicated and they take someone's life," Federation of Sovereign Indigenous Nations vice-chief Aly Bear said in support of Maurice's family.

"I think justice needs to be served for that life taken, and this life was a nine-year-old child."

In her lengthy decision, Judge Jane Wootten was not convinced Kennedy believed that she was statutorily compelled. Wootten found it more likely Kennedy admitted to her substance use because she was concerned for Maurice and also because she felt ethically and morally obliged to tell police.

The voir-dire, or trial within a trial, is ruling which pieces of evidence will be admissible in court. The defence is expected to make additional Charter Rights violations arguments when the matter is back in court on Tuesday.

The trial will resume following those decisions.

"Every time they have to stop the court, every time it's prolonged, that prolongs their healing," Bear said.