By Dori Modney (@Dori_Modney on Twitter) with files from The Canadian Press

Parents Convicted in Meningitis Death of Their Son Granted Bail

Jul 14, 2016 | 4:44 PM

LETHBRIDGE:  Bail has been granted to a former Alberta couple convicted of failing to get proper medical treatment for their son who died of meningitis.

David Stephan received a four-month jail term and Collet Stephan was handed three months of around-the-clock house arrest.

Both the Crown and defence recently filed appeals. 

Last Friday, July 8th, it was confirmed the Stephan’s would be appealing their convictions.  That news came one day after the Crown confirmed it would be appealing the sentences for both David and Collet Stephan, which it deemed too lenient.

The Stephans were convicted by a jury in April of failing to provide the necessaries of life, in connection with the 2012 death of their 18-month old son Ezekiel.

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At sentencing, Justice Rodney Jerke called the Crown’s request for three to 4.5 years in prison far too high, and the defence suggestion of a conditional discharge too low. Collet was given a three month Conditional Sentence Order (house arrest), and David was handed a four month jail sentence. Both also received two years of probation.

Further details and reasoning regarding the sentencing can be found in the June 24th story  http://lethbridgenewsnow.com/article/521380/house-arrest-and-jail-time-stephans-death-ezekial

On Thursday, July 7th,, the Crown filed Notices of Appeal at the Court of Appeal in Calgary on the following grounds:

– The sentence is not proportionate to the gravity of the offence or to the degree of responsibility of the offender, and is unfit.
– The Sentencing Judge gave insufficient weight to denunciation and deterrence.
– The Sentencing Judge underemphasized, or failed to give weight to, relevant aggravating factors.
– The Sentencing Judge overemphasized mitigating factors, or gave mitigative weight to factors that are not mitigating.
– The Sentencing Judge misinterpreted the legal doctrine of wilful blindness.
– Such further grounds as counsel may advise.

Late Friday afternoon, it was revealed the Stephans were both appealing their convictions.

Calgary defence counsel Karen Molle filed the notices of appeal. Among the reasoning for the appeal:  “Justice Rodney Jerke erred in not letting former Chief Medical Examiner Dr. Annie Sauvageau give expert evidence; Jerke’s instructions to the jury which convicted the Stephans were unfair and unduly favoured the Crown; the Stephans’ Charter rights were breached because they weren’t tried within a reasonable amount of time; and the judge should not have ruled admissible statements the parents made to “social workers, doctors, nurses and the police.”

Molle had scheduled a July 19th hearing at the Court of Appeal in Calgary to seek bail for the father pending a ruling on their appeal.  However, the Crown consented to the couple’s release on Thursday (July 14th).

Both parties agreed to several bail conditions, including that the parents take their three children to a doctor within two weeks and follow all medical advice.

If their children are injured or show any signs of illness, the parents are also to take them immediately to a licensed doctor or health nurse.