By Patrick Burles - @PatrickBurles on Twitter

Sentencing Submissions Delivered for David and Collet Stephan

Jun 23, 2016 | 11:48 PM

LETHBRIDGE – The Crown and defence are far apart when it comes to sentencing recommendations for David and Collet Stephan.

The couple was convicted of failing to provide the necessaries of life by a jury in April, in connection with the bacterial meningitis death of their 18-month old son Ezekiel in March of 2012.

The Crown is seeking a range of three to 4.5 years in prison, while the defence is asking for no jail time or a Conditional Sentence Order (house arrest).

The defence opened the sentencing hearing Thursday morning by having Collet take the stand. Through tears, she said the entire legal process has forced her to relive the worst day of her life, causing her to deal with depression, anxiety, panic attacks and nightmares. She stated that it put a strain on her marriage with David, adding that it has been extremely difficult for their three children. She told the court that her eight year old son Ezra became angry and violent after Ezekiel’s death, and that the same problems returned around the time of the trial.

Four character witnesses were then presented by the defence, with all of them saying David and Collet are loving and attentive parents.

What's Happening in Lethbridge this week: April 15, 2024

16h ago

Week-in-review: Street sweeping, policing in Coaldale and #SlowYourRoll

Apr 13, 2024

What's Happening in Lethbridge this weekend: April 12, 2024

Apr 12, 2024

During his submissions, defence lawyer Shawn Buckley called it an unusual case, and placed the Stephans’ moral culpability at the low end of the scale. He pointed out numerous times that it has been four years, three months and 11 days since Ezekiel’s death, with no issues for the other children. Buckley continued by saying the loss of a child was already a major deterrent for the couple, and one the court couldn’t equal. He also stressed that the children are extremely reliant on their parents, and that by taking them into custody, the children would be “really damaged emotionally.”

Justice Rodney Jerke and Buckley did get involved in a lengthy exchange, as Jerke said he wanted to see some signs of remorse for their conduct, and not only for the consequences. He pointed out that they expressed grief over the loss of Ezekiel, but not on their decision to not take him to a doctor until it was too late.

A major part of the Crown’s submissions focused on an interview David did earlier in the week. In it he called the case, “A parental rights issue for medical choice.” He also said it would force parents to rush their children to the hospital if they got the “sniffles”. Crown Prosecutor, Lisa Weich, made the statement, “The accused behavior was arrogant and selfish,” adding, “Ezekiel had no chance to protect himself.” She explained that the video showed David’s refusal to accept responsibility, meaning he wouldn’t change how he cares for his other children.

After hearing from the Crown, Jerke stated that he felt their recommendation was “significantly passed” the range in his mind.

Proceedings were held-up midway through the day, when Buckley asked to submit roughly 500 letters of support for the Stephans. He acknowledged that many of the authors were from around the world and that they didn’t know the Stephans. He also acknowledged that many pushed for leniency in sentencing. Jerke clearly became frustrated, saying the law isn’t decided with public debate.

Before the hearing concluded for the day, the Stephans were given one final opportunity to speak.

David began by saying, “I’m at a loss of words. The whole scenario has been quite traumatizing.” He continued, “I want to be there for my children, not only for my sake, but for their sake… children need a father.”

Before completely breaking down, Collet managed to say, “My children are everything to me and we’re everything to my children. I ask that we’re able to remain a family.”

Jerke will deliver the sentence Friday at 2-pm.