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

Big victory for Quesnel’s U16 girls softball team in Kamloops

Unstoppable bats and a gem from Musselman propelled the girls to the win

Local athletes impress on Day 1 of Zone track and field event

CSS, QJS students showed off impressive skill as Quesnel hosts North Central Zone Championships

Tsilhqot’in community names officially recognized by Province

Tsilhqot’in names will now appear on provincial government resources, maps and databases

Editorial: respect where it’s due

Quesnel’s youth are impressive in their maturity and eloquence

Billie Bouchie Day celebrates Bouchie Lake’s community, culture and heritage

Activities planned for May 25, 26 include a Pioneer Family Tea, Métis history presentations and more

VIDEO: Grand Forks shores up defences as floodwaters rise to peak levels

Canadian Forces, volunteers working to protect low-lying areas

Chilliwack Chiefs moving on to RBC Cup final after thrilling win over Ottawa

Kaden Pickering scored the winning goal in the 3rd period as Chilliwack won their semi-final 3-2.

VIDEO: As floodwaters recede, crews assess the damage to Grand Forks’ downtown

More than four dozen firefighters and building inspectors came out to help

Wellington Dukes pull off epic upset of Wenatchee at RBC Cup

The Dukes are off to the championship game after downing the Wild 2-1 Saturday at Prospera Centre.

Canada to face U.S. for bronze at world hockey championship

Canada was looking to play in the gold medal game for a fourth straight year, but saw 3-2 loss

Searchers for Vancouver Island father turn focus to Cowichan River

Cowichan SAR joined by many other SAR groups, volunteers now determined to find missing man

Vacationers urged to check for stowaway bats that could carry deadly disease

‘White-nose syndrome’ has killed millions of bats in North America, but hasn’t arrived in B.C. yet

Are B.C.’s gas prices enough to keep you from travelling May long weekend?

Gas prices in B.C. ranging from 125 cents per litre to more than 150 cents

Prince Harry, Meghan Markle wed in Windsor as millions watch

Windsor sparkled on a warm spring day as tens of thousands of people jammed its quaint roads

Most Read