Saskatoon judge reserves decision about confession from accused in fatal THC-impaired driving trial

A Saskatoon trial judge has reserved what could be a pivotal decision in an impaired driving causing death case.

At about 9 a.m. CST on Sept. 9, 2021, Taylor Kennedy struck and killed nine-year-old Baeleigh Maurice at the intersection of 33rd Street West and Avenue G while the girl rode her scooter across a crosswalk. After the collision, she admitted to police she had microdosed psilocybin mushrooms and vaped cannabis in the previous 24 hours.

Maurice died in hospital. Kennedy is on trial for impaired driving causing death.

Kennedy's confession is among aspects of the case being considered in a voir dire — or a trial within a trial — to determine what evidence will be a part of the larger trial.

Her defence team argued Friday that she believed she was legally required to confess her recent drug use and was compelled to do so by police.

Crown prosecutor Michael Pilon contested those assertions. He argued Kennedy offered the information voluntarily and not because she was legally obligated, but because she felt it was right.

"In our view, the evidence is very clear that she spoke to the police and she told them everything that she told that day because she felt a moral obligation to do so," Pilon told the court.

"She knew this collision was her fault."

WATCH | THC-impaired driving case awaiting important decision from Saskatoon judge: 

Saskatoon judge to decide whether driver's drug admission to police can be used in impaired driving causing death trial

8 months ago

Duration 1:42

Court has heard that the woman accused of impaired driving causing the death of a nine-year-old in 2021 told police she had taken drugs in the 24 hours before the incident. A Saskatoon judge must decide whether that admission can be used in the trial.

Judge Jane Wootten questioned Pilon about whether it's possible that Kennedy could have felt both legally and morally obligated to confess.

"We agree with that," said Kennedy's defence lawyer Thomas Hynes outside of Saskatoon provincial court.

"Once you accept there is a legal compulsion element to it, we think the test should be met."

It is unclear when Judge Jane Wootten will deliver her decision on whether Kennedy's statements were statutorily compelled by officers.

Wootten's decision about Kennedy's statements are one aspect of a voir dire to determine the admissibility of certain evidence.

On Wednesday, Kennedy took the stand and testified the information she told police officers was true.

Hynes said other cases show that when arguing the accused made statutorily compelled statements because they felt legally obligated, it helps to show they were telling the truth.