The tragic death of nine-year-old Baeleigh Maurice, struck down in a crosswalk by a cannabis-impaired driver, has ignited a firestorm of grief and outrage, culminating in a demand for sweeping changes to Canada’s criminal justice system. On September 9, 2021, young Baeleigh, scooter in hand, was on her way to school when her life was abruptly cut short by the reckless actions of 28-year-old Taylor Ashley Kennedy. While Kennedy initially faced charges of impaired driving causing death, the case took a devastating turn on December 13, 2023, when the charges were stayed in Saskatoon Provincial Court due to exceeding the 18-month timeframe stipulated by the R. v. Jordan ruling. This decision, prioritizing procedural timelines over justice for a lost child, has left Baeleigh’s family and the Federation of Sovereign Indigenous Nations (FSIN) reeling and determined to fight for reform.
The FSIN, representing First Nations in Saskatchewan, has voiced their profound frustration and unwavering support for Baeleigh’s family, calling the dismissal of charges a blatant injustice. They see this tragic outcome as another instance of systemic discrimination against Indigenous people, echoing a historical pattern of disregard for their rights and well-being. Matthew Todd Peigan, Chief of the Pasqua First Nation, has emphasized the urgency of addressing these systemic issues, stating that they cannot stand idly by while such injustices continue to occur. The FSIN has pledged to work tirelessly alongside the family, advocating for an appeal and pushing for meaningful changes to prevent similar tragedies in the future.
The protracted legal process, riddled with delays and bureaucratic hurdles, has further compounded the family’s anguish. Sarah Smokeyday, a close friend of the Maurice family, expressed her deep frustration with the court proceedings, criticizing the length of time it took to assign a lawyer, the slow pace of the case, and the judge’s perceived indifference in ultimately dismissing the charges. The agonizing wait for justice, only to have it snatched away on a technicality, has left the family feeling betrayed by the very system designed to protect them. This sentiment resonates with the FSIN’s broader concerns about the inadequacy of the current legal framework in cases involving the death of a child.
The FSIN is now spearheading a call for significant amendments to the Criminal Code, specifically targeting cases involving the death of a child. They argue that the existing legal framework fails to adequately prioritize the interests of the child and their family, placing undue emphasis on procedural timelines. Craig McCallum, the FSIN 4th Vice Chief, has highlighted the need for enhanced consideration of the victim’s vulnerability and the devastating impact of their loss. The proposed amendments aim to rectify this imbalance by ensuring that the best interests of the child and their family are paramount in such cases.
Among the key proposed changes is a reduction in the allowable timeframe for trial delays. The FSIN advocates for shortening the current 18-month limit under the R. v. Jordan framework to 12 months, recognizing that prolonged delays not only exacerbate the suffering of the bereaved family but also increase the risk of cases being dismissed on technical grounds. Furthermore, they are calling for an outright prohibition of charge stays in cases involving the death of a child, emphasizing that justice delayed is justice denied, especially when a young life has been tragically cut short. These measures are intended to ensure that cases are handled expeditiously and that perpetrators are held accountable for their actions.
To further strengthen the legal framework, the FSIN proposes that impairment, as a contributing factor in a child’s death, be considered an aggravating circumstance, mandating a minimum sentence that reflects the gravity of the crime and the vulnerability of the victim. They believe that stricter penalties are necessary to deter impaired driving and send a clear message that such reckless behavior will not be tolerated. The FSIN’s advocacy for these legislative amendments is driven by a deep commitment to protecting children and ensuring that their lives are valued within the justice system. Baeleigh’s tragic death serves as a stark reminder of the urgent need for reform, and the FSIN is determined to ensure that her legacy is one of positive change, safeguarding future generations from similar tragedies. In her memory, a memorial bench, aptly named “Bailey’s Bench,” is being planned for installation next September, a poignant tribute to a life lost too soon and a symbol of the ongoing fight for justice.
