David Stephan and his wife Collet Stephan arrive at court on Thursday, March 10, 2016 in Lethbridge, Alta. The Stephans will be appealing their conviction for failing to provide the necessaries of life to the Supreme Court of Canada. THE CANADIAN PRESS / David Rossiter

Update: High court orders new trial for parents convicted in toddler’s meningitis death

The parents will be appealing their conviction for failing to provide the necessaries of life to the Supreme Court of Canada

UPDATE: 9 a.m.

The Supreme Court of Canada has ordered a new trial for a couple who used homemade remedies instead of seeking medical attention for their son who died of bacterial meningitis.

David Stephan and his wife, Collet, were found guilty in 2016 of failing to provide the necessaries of life to 19-month-old Ezekiel in 2012.

Their trial in Lethbridge, Alta., heard that they treated the boy with garlic, onion and horseradish rather than take him to a doctor. The Stephans eventually called 911 but the little boy died in hospital.

The Supreme Court heard arguments from the couple’s lawyer and the Crown this morning before making the decision.

The Alberta Court of Appeal upheld the conviction last November, but because the ruling wasn’t unanimous, the couple had an automatic right to take their case to the Supreme Court.

David Stephan was sentenced to four months in jail and his wife was ordered to spend three months under house arrest — the only exceptions being for trips to church and medical appointments.

—-

ORIGNAL: 7 a.m.

The Supreme Court of Canada is to hear an appeal today by a couple convicted after they used homemade remedies instead of seeking medical attention for their son who died of bacterial meningitis.

David Stephan and his wife, Collet, were found guilty in 2016 of failing to provide the necessaries of life to 19-month-old Ezekiel in 2012.

Their trial in Lethbridge, Alta., heard that they treated the boy with garlic, onion and horseradish rather than take him to a doctor. The Stephans eventually called 911 but the little boy died in hospital.

The Alberta Court of Appeal upheld the conviction last November, but because the ruling wasn’t unanimous, the couple had an automatic right to take their case to the Supreme Court.

David Stephan was sentenced to four months in jail and his wife was ordered to spend three months under house arrest — the only exceptions being for trips to church and medical appointments.

The Crown has indicated it plans to appeal the sentences as too lenient.

Related: Alberta Court of Appeal to hear arguments in toddler meningitis death

Related: Dead boy’s father posts Facebook response after Appeal Court upholds conviction

David Stephan posted on Facebook last week that the hearing is an important one for parental rights.

“Our Supreme Court hearing…will not only effect the future of our family, but the future of all Canadians as this landmark, precedent-setting case is being used to deprive parental rights and health freedoms in Canada,” he wrote.

“Our prayer is that the Supreme Court of Canada reverses this newly set precedent and sends our case back to trial so that the whole truth can finally come out, and that the real criminals involved in our case will be brought to light and held accountable.”

Witnesses at the trial said the toddler’s body was so stiff he couldn’t sit in his car seat, so he had to lie on a mattress when his mother drove him from their rural Alberta home to a naturopathic clinic in Lethbridge, where she bought an echinacea mixture.

The Stephans never called for medical assistance until Ezekiel stopped breathing. He was taken to a local hospital and died after being transported to Calgary’s Children’s Hospital.

Lawyers for the Stephans argued before the Alberta Appeal Court that the trial judge allowed the jury to be overwhelmed by medical evidence, which unfairly distracted from the real question of whether the Stephans acted differently than any other reasonable parent.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Police asking for assistance regarding trafffic fatality near Clinton

A single male occupant was killed on Oct. 21 when his car went off the highway.

Did you exercise your civic duty by voting for mayor and council of 100 Mile House?

Did you exercise your civic duty by voting for mayor and council… Continue reading

Incumbents and acclaimed mayors win elections all across B.C.’s north

Fraser Lake saw their first female mayor elected

Mayoral results from across B.C.

Voters in 162 municipalities in B.C. set to elect mayor, council, school board and more

Every vote counts: 10 tightest races in B.C.’s municipal elections

Peachland saw their election decided by just one vote

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

B.C. government moves to tighten resource industry regulations

New superintendent will oversee engineers, biologists, foresters

Election watchdog seeks digitally savvy specialists to zero in on threats

Move follows troublesome evidence of online Russian interference in the 2016 U.S. election

More court before Dutch man charged in Amanda Todd case is extradited here

Appeals must be dealt with in Europe, before charges faced in B.C.

Crown says man guilty of B.C. girl’s 1978 murder based on alleged confession

Jury hears details of girl’s 1978 murder while Crown says man should be convicted of girl’s murder based on alleged confession.

BCHL alumni has NHL jersey retired by Anaheim Ducks

Paul Kariya played with the Penticton Vees from 1990-1992

Most Read