Saskatchewan Crown won’t appeal THC-impaired driving ruling in death of 9-year-old girl

Rochelle Cook says she’s disappointed but not surprised that the woman who fatally struck her daughter at a crosswalk will not be tested in court.

A high-profile impaired driving case involving the death of a child will not be appealed any further.

On Sept. 9, 2021, nine-year-old Baeleigh Maurice was riding her scooter through a marked crosswalk at 33rd Street West when she was hit and killed by Taylor Kennedy’s truck.

At the scene, Kennedy told officers she had vaped marijuana and micro-dosed magic mushrooms the day before.

Kennedy was charged with impaired driving exceeding the prescribed blood-drug concentration of THC causing death.

Judge Jane Wootten stayed the charge after finding Kennedy was not tried within a reasonable time.

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Matters at Canadian provincial courts must reach a conclusion by 18 months. Wootten ruled Kennedy’s case took about 24 months.

The Crown appealed the decision, arguing Wootten miscalculated the total delay.

While the Saskatchewan Court of Appeal agreed there was an accounting error, it ruled Kennedy’s trial “still significantly exceeded what is allowable under the Charter."

The Crown has until June 9 to appeal to the Supreme Court of Canada.

“After careful review and consideration, the Crown has determined there is no basis for a further appeal in this case ... an appeal would not be successful,” a spokesperson for the Ministry of Justice told CTV News.

“The Crown understands this case has been challenging and traumatic for the family.”

Rochelle Cook, Maurice’s mother, said she’s not surprised the case won’t go any further. She called the case “a gross miscarriage of justice.”

“Baeleigh’s life mattered. I feel like this was a really big deal and it’s not ok to just kill a child,” Cook said.

When asked whether she is considering civil action, Cook said she had no comment.