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

‘Why not Abbotsford’: Mayor working to see pro hockey return to city

Henry Braun says he has tried continuously to bring a team back to the Abbotsford Centre

Man airlifted to hospital following mushroom farm stabbing

Abbotsford Police speaking with two men from the scene

Abbotsford man faces charges in Delta hit and run

Five men were injured in the June 2017 incident in Ladner

Motorcyclist slides under dump truck

Bike operator lucky to survive collision at Aldergrove intersection

Three new exhibits to open at The Reach Gallery Museum Abbotsford

Opening reception with the artists on Thursday, May 24

ACS Knights, MEI Eagles win big at FV Track Championships

Abbotsford athletes excel at last week’s event, look ahead to provincials later this month

Study recommends jurors receive more financial and psychological support

Federal justice committee calls for 11 policy changes to mitigate juror stress

Surrey RCMP issue warning after third sexual assault since Sunday

It is the third sexual assault reported this week in Surrey

Research needed on impact of microplastics on B.C. shellfish industry: study

SFU’s department of biological sciences recommends deeper look into shellfish ingesting microbeads

B.C. dad pens letter urging overhaul of youth health laws after son’s fatal overdose

The Infants Act currently states children under 19 years old may consent to medical treatment on own

Singh sides with B.C. in hornet’s nest of pipeline politics for the NDP

Singh had called for a more thorough environmental review process on the proposal

VIDEO: Campers leave big mess at rural Vancouver Island campsite

Vehicle parts, garbage, a mattress, lawn chairs, beer cans, and even fecal matter left in the area

VIDEO: B.C. woman gets up-close view of Royal wedding

Kelly Samra won a trip back to her home country to see Prince Harry and Meghan Markle say ‘I do’

30 C in B.C., 30 cm of snow expected for eastern Canada

It might be hot in B.C., but the rest of Canada still dealing with cold

Most Read