Sask. Indigenous leaders call for sweeping change to laws to prioritize child victims

The Federation of Sovereign Indigenous Nations (FSIN) is calling for change on how courts deal with cases where the victim is a child.

"The Federation of Sovereign Indigenous Nations is fiercely outraged by the recent decision on the Taylor Kennedy trial and supports the family of Baeleigh Maurice in their demand for an appeal," a panel of FSIN officials said at a news conference Tuesday. The FSIN represents Saskatchewan's First Nations.

Maurice, 9, was hit and killed while crossing 33rd Street in Saskatoon on Sept. 9, 2021. Taylor Kennedy was charged with impaired driving causing death after she admitted at the scene to having microdosed psilocybin mushrooms and vaped cannabis the day before.

• Judge stays THC-impaired driving causing death charge against Saskatoon woman because trial went too long 

On Dec. 13, provincial court Judge Jane Wootten stayed the charge because the trial exceeded the maximum length of time set by the Supreme Court.

"This type of injustice is something that society can challenge," said FSIN fourth vice-chief Craig McCallum.

"The decision to stay the impaired driving charge in this case, it's a profound miscarriage of justice. Baeleigh was struck down while simply riding her scooter to school."

WATCH | First Nations leaders propose Baeleigh's Law:

Indigenous leaders propose Baeleigh's Law to stop child fatality cases from being stayed over delays

4 days ago

Duration 2:41

First Nations leaders want court cases involving child fatalities to be expedited, after a provincial court judge stayed charges last week in a high-profile THC-impaired driving case. The case had dragged on past the 18-month limit. Nine-year-old Baeleigh Maurice was struck and killed on a crosswalk by a driver who admitted she consumed drugs the day prior, but denied being impaired.

McCallum said the FSIN has developed a proposal, called "Baeleigh's Law," to prevent a repeat of this case.

It suggests prioritizing child victims, giving them "enhanced consideration" in the courts, and introducing protections against procedural delays — including regularly scheduled case management hearings with explanations for any delays.

The FSIN also wants impaired driving laws re-evaluated to keep pace with the risks posed by various substances, and enhanced sentencing for child fatalities involving impairment.

It also wants a flat prohibition on charges being stayed in child death cases.

The FSIN is calling for the Crown to appeal the trial outcome.