Judge-alone trial begins for Saskatoon woman charged with THC-impaired driving causing death

A Saskatoon police officer says the aftermath of the collision that killed nine-year-old Baeleigh Maurice "was one of the most chaotic scenes I've ever been to."

Const. Blake Atkinson made the observation Tuesday while testifying atTaylor Kennedy'sjudge-alone trial at provincial court in Saskatoon.Kennedy, 28, is charged withTHC-impaired driving causing death. It's alleged she had THC in her system when she hit Maurice at around 9 a.m. CST on Sept. 9, 2021.

Two officers who testifiedTuesday described a police service that, in 2021, was still learning about how to detect and test for possible drug impairment in the field. For example, there were only a handful of Saskatoon officers trained in using the drug detection equipment at the time.

Atkinson had basic field sobriety testing training, but said that he did not initially suspect Kennedy of being impaired. His first inkling that she may have hadintoxicants in her system came when another officer said that Kennedy had volunteered howshe had microdosed psilocybin mushrooms and cannabis in the previous24 hours.

She had taken the drugs because she was diagnosed with borderline personality disorder, ADHD, anxiety and depression, court heard. She also had previous incidents of self harm.

Atkinson said police called in every available unit working that morning to help manage the growing scene. He said people from the neighbourhood rapidly gathered on foot at the intersection of 33rd Street and Avenue G some threatening Kennedy with death while officers provided first aid to the grieviously-injured nine year old as she lay on the street.

She died in hospital.

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Atkinson stayed with Kennedy, first sitting with her on a curb and then standing near a police SUV while she sat in the back.

"She was literally trembling all over, repeating herself over and over, shaking and hyperventilating," he said.

TheSUV'scameracaptured her vomiting, collapsing and curled on herside on the back seat. That said, Atkinson offered that Kennedy showed noobvious signs of impairment and did not try to leave the scene.

At one point, the video shows Kennedy callingher mother from the back of the SUV and managing to say "Mom, I hit a child it was an accident."

Atkinson can be heard in the video saying "you're not going to jail." Under questioning by prosecutor Michael Pilon, Atkinson said that he offered that assurance because Kennedy had not failed aroadside impairment test. Atkinson also said that Kennedy was not readher rights, or given a right to call counsel, in the first hour.

Const. Patrick Foster administered the "SoToxa" test, which detects THCin a saliva swab, 90 minutes after the crash. The test gives a pass or fail result depending on if someone has more than 25 nanograms of THC in their system. Foster said Kennedy tested positive.

Foster said that he chose against doing a field sobriety testbecause her traumatic response to the accident tremors, vomiting, collapsing could also be confused with symptoms of intoxication. Further, he said that her condition at the scene "did not warrant her arrest on the spot."

The trial continues all week.