Lawyers have made final arguments on an issue that has arisen during a high profile impaired driving trial in Saskatoon.
Taylor Kennedy is charged with THC impaired driving causing the death of 8-year-old Baeleigh Maurice in 2021.
The trial has entered voir dire, which is a sort of trial within a trial.
At issue, is comments Kennedy made to police officers about consuming drugs the day before the collision.
The court has heard from several witnesses on the matter including the officer who took the statement and Taylor Kennedy herself.
On Friday, lawyers presented their final arguments on the issue to a Saskatchewan judge.
Kennedy’s lawyers argue her admissions were a compelled statement, and under law, cannot be used to incriminate her.
They say Kennedy erroneously had a belief she was compelled by law to provide officers as much information as possible and officers never properly informed her of her rights and that the matter was changing from a traffic collision investigation into a criminal investigation.
Meanwhile, Crown lawyers say the defense is stretching compelled statements “far beyond” the intended purpose of the law.
The Crown painted Kennedy as an unreliable witness pointing to contradictory statements between her testimony and the evidence.
The Crown believes Kennedy did not have a subjective belief that the law required her to disclose her prior drug use, but she only did so because she thought it was the right thing to do.
The judge is expected to make a decision on the matter at a later date, at which point the trial is expected to resume.