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

Langley equestrian vaulter dominates at BC Games

Danae Moore takes home four gold medals, winning every individual event

Langley City prefers Skytrain but will accept LRT, with conditions

Council declared Skytrain “superior” to planned LRT connection during December closed-door meeting

Langley, Nelson, Abbotsford riders takes top spots in horse vaulting at BC Games

This weekend, athletes took to the Cowichan to deliver their best poses on horseback

TWU-as-Team-Canada wins three in Brazil

Spartans are representing Canada in the inaugural FISU America Games

Langley City considering funding fence to keep homeless away from condominium

Report to council cites issues of “defecation, drug consumption, discarded needles, littering”

Update: Police probe Toronto shooting that killed 2, injured 12; suspected gunman dead

Paramedics said many of the victims in Danforth, including a child, were rushed to trauma centres

Hadfield, Rogen, Virtue and Moir among Canada’s Walk of Fame inductees

10 people will be recognized at a ceremony slated for December

Deadly L.A. market shooting started with domestic feud

A domestic incident ended after a car crashed into a pole outside Trader Joe’s market

Another heat wave to hit B.C.’s south coast

Temperatures expected to hit the mid-30s in some areas this week

Sunken duck boat to be raised after deadly Missouri accident

17 people died over the weekend in a deadly boat incident

Man extradited to Canada in Burnaby killing, following arrest in South Korea

28-year-old Jui-Kai Weng was charged with second-degree murder and attempted murder

Canada beats Triple Crown for Canada Cup softball title

National team’s championship is first at B.C. tournament since 1996

Record high in Japan as heat wave grips the region

The temperature in a city north of Tokyo reached 41.1 degrees Celsius (106 degrees Fahrenheit) on Monday, the highest ever recorded in Japan.

Most Read