Indigenous leaders call for systemic change in Saskatchewan courts

On Sept. 9, 2021, a fatal collision took the life of nine-year-old Baeleigh Maurice.

Maurice was struck by a driver under the influence of cannabis. The accident saw Taylor Ashley Kennedy, 28, facing a charge of impaired driving causing death in connection with the incident.

Maurice was going to school on Sept. 9, 2021, pushing her scooter at a crosswalk on 33rd Street West, when she was hit by Kennedy’s truck.

On Dec. 13, in Saskatoon Provincial Court, the charges were stayed due to passing the 18-month window.

It has left the Federation of Sovereign Indigenous Nations frustrated with the decision.

“This has to be addressed,” Matthew Todd Peigan, the Pasqua First Nation chief said. “We cannot sit idly by and let the injustices continue. Railroading over First Nations people.”

FSIN said they support the family of Maurice in calling for an appeal.

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“We will do our utmost to advocate, to work along with the Federation of Sovereign Nations, to work with the prosecutor’s office, to bring justice to this,” Peigan said.

Sarah Smokeyday is a family friend of Maurice. She said she is very frustrated with the court proceedings.

“It took too long for things to get to court,” she said. “It took too long to settle on a lawyer. It took too long to get through the court case. And the judge was perfectly fine with washing their hands of any decisions.”

The FSIN is calling for amendments to the criminal code when it involves the death of a child.

“(It’s) a system that prioritized procedural timelines over the life of a child,” Craig McCallum the FSIN 4th Vice Chief said.

The provisions include where a child under 16 years of age has died due to the accused actions, the court must ensure the interests of the child and their family are given enhanced consideration.

The changes being called for also include reducing the allowable timeline for trial delays.

“For example, instead of 18 months under the R v. Jordan framework, reducing it to 12 months,” McCallum said.

The provisions also include prohibition of charge stays in child death cases.

FSIN also suggests that if impairment is involved, courts must consider this an aggravating factor, resulting in a minimum sentence that reflects the severity of the loss of life and vulnerability of the victim.

“This case, if it showed us anything… it showed us that the laws are wrong right now and they can change,” McCallum said.

A memorial, named ‘Bailey’s Bench’ is currently in the works and will be installed by next September.