11th hour applications by David and Collet Stephan dismissed ahead of new trial Monday

The second application, for a trial adjournment because David Stephan’s father, Anthony, had just two weeks ago come into some money, and was able to retain or partially retain a lawyer for Collet – was also denied.

The couple had previously been denied legal aid and were expected to file Rowbotham and Fisher applications to challenge the decision, however the applications were never filed. The couple maintained that the complexity of their case and requiring expert testimony would not have been allowed under legal aid rules. They also maintained they did not have the money to pay for legal aid.

However, the Crown told the court the couple was informed that if they were not able to pay, provisions would have been made, as it would be in the case of allowing for certain expert testimony.

During the application, Collet was also questioned and cross examined on an affidavit she filed, regarding her ability, or lack thereof, to prepare for the upcoming trial.

She explained to the court that because she had been caring for four children, including a newborn infant, she did not have the time to prepare for the trial. She also told the court her education as a pilot, one year in college and one year at the University of Lethbridge’s accounting program did not prepare her for a courtroom.

“It’s a different language,” she said. “I don’t feel sitting in a court room gives me experience to self-represent.”

However, Justice Rooke disagreed,noting that even though she did not have a legal background, “You’re an intelligent person,” he told her.

Collet also claimed that she had anxiety in anticipation of Monday’s proceedings, which Justice Rooke also acknowledged, but added she had not presented any evidence of medical issues to the court.

A Stay of Proceedings application was also filed with the court and was dismissed. David Stephan told the court that there had been issues acquiring disclosure from Alberta Health Services, that there may have been incomplete or missing information, and that when pressed, AHS told the Stephans there was no more information to give.

Justice Rooke told the couple that AHS was not there to address any concerns, and while there may be issues with some information, the couple should and could continue to request it, even as the trial goes ahead.

“I’m not stopping the train while you look for it,” Rooke told the Stephans.

The Crown also told the court that the Stay of Proceedings application had only been filed May 24, 2019, short of the required 14 days of notice to the Crown.

“I am satisfied,” said Justice Rooke, “that you will get a fair trial.”

Outside of the courthouse, David told reporters he and Collet were not prepared for the trial to begin on Monday, June 3.

“Basically, we have to really learn to roll with the punches. We are not prepared. We’ve been fighting with disclosure issues and applications over the last 6 1/2, 7 months and it’s basically been a full-time job. Fortunately I was in a position to be able to pull back from my job and only work probably about 10, 15 days over that whole time period…we are very ill prepared, but if it does move forward, we’ll just move forward in the best way possible.”

A new trial was ordered for the Stephans by the Supreme Court of Canada in May 2018. Supreme Court Justice Michael Moldaver said the trial judge did not properly instruct jurors “in a way that the jury could understand.”

In 2016, the Stephans were found guilty by a jury in Lethbridge, of failing to provide the necessaries of life, after their 19-month-old son Ezekiel died of meningitis back in 2012.

The couple will now represent themselves during the judge alone trial, which is expected to last about four weeks.

by Lara Fominoff

11th hour applications by David and Collet Stephan dismissed ahead of new trial Monday

What's Happening