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

UPDATE: Surrey RCMP release sketch of ‘suspicious person’ who approached child outside school

Surrey RCMP describe the suspect as South Asian, in his 40s or younger, with a beard and a blue turban

International swimming events about to make a splash in Surrey

Espoir Canadian Championships and FINA Artistic Swimming World Series to be held at Surrey Sport and Leisure Complex

Fire in South Surrey Tuesday evening

It happened near King George Boulevard and 27B Avenue

Former city manager George Harvie to run for Delta mayor

Harvie’s Achieving for Delta salte includes former fire chief Dan Copeland

Surrey’s Alex Sangha receives Meritorious Service Medal

Sangha recognized for founding Sher Vancouver, a not-for-profit society for LGBTQ South Asians

VIDEO: Morgan Freeman to voice announcements on SkyTrain, buses

TransLink unveils new credit card feature ahead of busy tourist season

Barclay Parneta new Giants GM

Becomes third General Manager in the history of the franchise

5 to start your day

Mounties cleared in shooting man with toy gun, woman sexually assaulted in Surrey and more

PNE’s Summer Night Concerts by Village People, Lauper, Goo Goo Dolls, more

Mostly retro sounds at this year’s fair in Vancouver, starting Aug. 18

Notley to skip western premiers meeting today, but slams leader who’s there

Notley told reporters that B.C. Premier John Horgan is trying to shut down the Trans Mountain pipeline

No suitors emerge for pipeline project stake as Kinder Morgan deadline looms

Analysts and observers remain perplexed by Finance Minister Bill Morneau’s comment last week that “plenty of investors would be interested in taking on this project”.

Energy wells plugged as Hawaii’s volcano sends lava nearby

A spike in gas levels could prompt a mass evacuation in Hawaii

Trump seethes over Russia probe, calls for end to ‘SPYGATE’

“SPYGATE could be one of the biggest political scandals in history!” Trump said on Twitter

Grads receive BC Transit passes

BC Transit provides passes to graduating students in more than 50 communities

Most Read