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

CP vote deadline rescheduled for Friday

The deadline for the Teamsters Canada Rail Conference and International Brotherhood of… Continue reading

100 acts to make Revelstoke better in 1 day

June 2 will see all manner of activities for 100In1Day

Tourism Kelowna adopts sustainability initiative

Responsible to environment key to long-term tourism growth

Unicyclist stops in Revelstoke while heading across Canada

Taylor Stark took his first pedals atop a unicycle when he was… Continue reading

Okanagan Lake not rising as fast as before: River Forecast Centre

Similkameen River flood risk shifts to rainfall, not snowpack

Saw, chop and throw an axe at Timber Days in Revelstoke

Timber Days took over Centennial Park last Saturday!… Continue reading

Horgan defends fight to both retain and restrict Alberta oil imports

Alberta says pipeline bottlenecks are kneecapping the industry, costing millions of dollars a day

Vernon woman captures prestigious foresty honour

Tanya Wick from Tolko wins Women In Forest Award of Excellence

RCMP caution boaters after two kids pass out from carbon monoxide poisoning

Both children were given oxygen and taken to hospital

B.C. invests $115M to create 200 new nurse practitioner jobs

Health Minister says 780,000 B.C. residents don’t have a family doctor

Supreme Court rules social housing residents in B.C. deserve rights too

Tenants trying to stabilize their living situations should not face less legal rights than those paying market rates: Judge

Union calls on prime minister to step into ‘stalled’ Phoenix compensation talks

For more than two years, thousands of federal workers have been affected by Phoenix system

Judge: President Trump can’t block critics on Twitter

The judge had suggested that Trump mute rather than block some of his critics

NFL owners adopt new policy to address anthem protests

Commissioner Roger Goodell said the change was approved unanimously by owners

Most Read