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

Drew Persson national champion in Greco wrestling

Persson placed first in the Greco category at the national championship

Pigeon Lake Lions organize pop can tab collection

Sylvan Lake, Rimbey, Winfield also collected tabs

Gymnast Madison Ruff joins Team Alberta

Ruff will compete in trampoline and tumbling at the national gymnastics championship this July

Ellis Bird Farm kicks off 2018 season

Several events help Central Albertans experience biodiversity

Comic Derek Edwards brings ‘Alls I’m Saying’ tour to Red Deer

Performance runs May 25th at the Memorial Centre

VIDEO: Canadians rise for early-morning Royal wedding celebrations

Canadians gathered for early-morning broadcast of marriage between Meghan Markle, Prince Harry

Pipeline more important than premiers meeting: Notley

“Canada has to work for all Canadians, that’s why we’re fighting for the pipeline”

Canadian government spending tens of millions on Facebook ads

From January 2016 to March 2018, feds spent more than $24.4 million on Facebook and Instagram ads

B.C. sues Alberta over bill that could ‘turn oil taps off’

Lawsuit is the latest move in the two provinces’ ongoing feud over the Kinder Morgan pipeline

Liberal government introduces measures to update Canada’s family laws

Justice officials say there have not been substantial updates to federal family laws in 20 years

Teen must repay $37M for starting Oregon wildfire

A teenager who started a major wildfire in Oregon has been ordered to pay restitution

Canada’s G7 goal on development: luring private capital to poor nations

G7 finance and international development ministers convene in British Columbia next week

Congressional leaders to review information on Russia probe

Trump said he will “demand” that the Justice Department open an investigation into whether the FBI infiltrated his presidential campaign

Canadians stranded in Cuba after plane crash returning home

Montreal-based travel agency says hundreds of Canadians who were stuck in Cuba since a plane crash last week are returning home

Most Read