Michael-Joel Hansen
Saskatoon StarPhoenix
The Saskatchewan Court of Appeal has found a trial judge erred in calculating what constituted a “reasonable” amount of time for a Saskatoon woman to go to trial on THC-driving related charges in the death of nine-year-old Baeleigh Emily Maurice.
However, the court concluded that Taylor Kennedy’s trial still took too long to proceed.
In a decision handed down Friday, Saskatchewan’s Chief Justice Robert Leurer, with Justices Naheed Bardai and Meghan McCreary concurring, dismissed an appeal brought by the Crown arguing that Kennedy was tried within a reasonable time.
“The Crown’s sole contention is that the judge erred by not finding that there were additional reasons to extend the Jordan time limit,” the appeal judges wrote.
Kennedy was charged in March 2022 with driving a motor vehicle while under the influence of marijuana causing death. She fatally struck Maurice, who was on a scooter in a crosswalk at 33rd Street and Avenue G around 9 a.m. on Sept. 9, 2021.
Kennedy’s Saskatoon provincial court trial began in October 2023.
Her charges were stayed in December 2024. Judge Jane Wooten found Kennedy’s Charter rights had been violated due to trial delays.
The Supreme Court of Canada, in R v. Jordan, ruled that provincial court trials need to conclude within 18 months of charges being laid. The timeline can be extended if the Crown can demonstrate “exceptional circumstances” for a delay. Kennedy’s lawyer, Thomas Hines, argued her trial had been delayed by 23 months, while prosecutors argued the delay was only 14 months.
The judges found Wooten should have given the Crown an additional 120 days to bring the case forward due to delays caused by the COVID-19 pandemic, along with 14 more days, which the judges attributed to defence-related delays.
The Crown had also asked the court to grant an additional 60 days due to “exceptional” circumstances, specifically citing the defence motion alleging violations of Kennedy’s charter rights. The court ruled against the Crown, finding any delay on that front wasn’t solely caused by the defence.
Despite the two errors, the appeal court found Kennedy’s trial was delayed long enough to justify charges being stayed. A stay of proceeding allows a charge to be withdrawn unless new evidence comes to light within a year.
“Ms. Kennedy’s trial still significantly exceeded what is allowable under the Charter,” the judges wrote.
Had the Crown’s appeal been successful, and the time limit did not exceed the Jordan delay, then a new trial could be ordered.
– with StarPhoenix files
