‘Miscarriage of justice’: FSIN calls for appeal, new law in Kennedy case

The Federation of Sovereign Indigenous Nations (FSIN) is calling for an appeal and law changes after charges were stayed for a woman who struck and killed a nine year old girl on a marked crosswalk in Saskatoon.

Taylor Ashley Kennedy was charged with impaired driving causing death in the Sept. 9, 2021 crash that killed Baeleigh Maurice, who was on her way to school riding a scooter.

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On Dec. 13, Judge Jane Wooten stayed the charges due to the case exceeding the 18 month window set out by the Supreme Court of Canada’s 2016 decision R v. Jordan.

Kennedy, the first person in Saskatchewan to face a THC-related impaired driving charge, had admitted to police that she had used both cannabis and magic mushrooms in the 24-hour period before the fatal crash. Her trial began in October 2023, and was marked by numerous delays.

On Tuesday, members of the FSIN sat with Rochelle Cook, Maurice’s mother, calling for change in the justice system following the decision.

“It’s a profound miscarriage of justice,” FSIN’s 4th Vice Chief Craig McCallum said.

“It’s really unthinkable that in a time when we profess that every child matters, that the system prioritized procedural timelines over the life of a child.”

The FSIN is an organization that represents 74 First Nations in Saskatchewan.

McCallum said members of the FSIN will continue to pursue all available options through the justice system, and are urging for an appeal.

“It’s unacceptable that laws meant to protect families are being wielded to shield accountability in cases as devastating as this,” McCallum said.

Call to implement a ‘Baeleigh’s Law’

Moving forward, members of the FSIN are planning to propose amendments to the Criminal Code, called “Baeleigh’s Law.”

These proposed amendments would prioritize child victims by ensuring faster timelines, implement stricter sentences for impairment, and support for families through court-appointed advocates. Charge stays would also be prohibited, and impaired driving laws would be reviewed.

“This law could send a clear message when it comes to the death of a child, justice cannot be delayed or diluted by technicalities,” McCallum said.

According to a statement from Saskatchewan’s Ministry of Justice, Public Prosecutions are reviewing the decision to stay the case and assessing whether there are any appropriate legal grounds to file a notice of appeal.

“Our sincere condolences go out to the family of Baeleigh Maurice. The loss of a child’s life is a tragedy under any circumstances,” the statement said.

According to the Ministry of Justice, time to trial varies through a court’s location across the province. Public Prosecutions monitors criminal cases closely to make sure matters proceed to trial as quickly as possible.

“Saskatchewan Public Prosecutions has recently implemented a number of initiatives to address high caseloads. This includes a Major Case Assistance Unit, which focuses on the most serious and complex prosecutions, and a Case Readiness Unit to assist Crown Prosecutors in assessing cases to ensure they are ready to move forward,” the statement said.

The mother of Baeleigh Maurice, Rochelle Cook (centre) sits with family, friends, and FSIN members to address media on on Dec. 17, 2024 in Saskatoon. (Mia Holowaychuk/650 CKOM)

Baeleigh’s mother ‘has lost her voice’

Cook did not speak at the media event, but when asked what the most painful element of the situation was, she replied “no accountability, no remorse.”

Sarah Smokeyday, a friend of Cook’s, sat beside her and spoke on her behalf, explaining that Cook has lost her voice from talking, crying, yelling and trying to be heard.

“Last Friday, our hearts were ripped out, because once again, we watched the justice system fail Baeleigh and Rochelle,” Smokeyday said, while she called on the community to support Maurice’s family.

“We pray that Baeleigh’s name will create the change that our community needs to see,” Smokeyday said.

A permanent memorial is being planned for Maurice, while a fourth and final memorial is planned for next September to honour her memory.

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