On September 9, 2021, a tragic accident claimed the life of a young nine-year-old girl, Baeleigh Maurice. She was hit by a vehicle driven by 28-year-old Taylor Ashley Kennedy, who was reported to be under the influence of cannabis at the time of the incident. Maurice was on her way to school, crossing a street while pushing her scooter, when the unfortunate event occurred.
Kennedy was charged with impaired driving resulting in death in relation to the incident. However, the charges were later dismissed in the Saskatoon Provincial Court on December 13 due to exceeding the 18-month trial window. This decision left the Federation of Sovereign Indigenous Nations (FSIN) deeply frustrated.
The Chief of Pasqua First Nation, Matthew Todd Peigan, voiced his dissatisfaction with the decision. He stressed the need to address this issue, emphasizing that they couldn’t remain passive while injustices persisted. He asserted that this was another case of First Nations people being sidelined.
The FSIN expressed their solidarity with Maurice’s family, supporting their call for an appeal. Peigan reiterated their commitment to advocating for justice in this case and working together with the prosecutor’s office.
Sarah Smokeyday, a close family friend of Maurice, also expressed her frustration with the court proceedings. She criticized the judicial system for the delay in court proceedings, the time taken to appoint a lawyer, and the duration of the court case itself. She was particularly upset with the court’s decision to dismiss the case.
FSIN is advocating for changes to the criminal code, specifically when cases involve the death of a minor. They argue that the system prioritized procedural timelines over the life of a child. Craig McCallum, the FSIN 4th Vice Chief, called for amendments that would reduce the allowable timeline for trial delays, for example, reducing it from 18 months to 12 months.
Moreover, the FSIN proposed that in cases involving the death of a child, charge stays should be prohibited. The federation also suggested that if impairment is involved, courts should consider this as an aggravating factor, which would result in a minimum sentence that reflects the severity of the loss of life and the vulnerability of the victim.
In memory of Baeleigh, a memorial named ‘Bailey’s Bench’ is being planned and will be installed by the next September. This tragic case has sparked a call for change in the legal system, emphasizing the need to prioritize the lives and rights of children above procedural timelines.
