Collet and David Stephan. (Lethbridge News Now)

By Canadian Press

No guarantee of third trial for Stephans; law professor

Mar 9, 2021 | 4:14 PM

CALGARY – A Calgary law professor says there is no guarantee the Crown will move ahead with a third trial for a Southern Alberta couple first convicted and then found not guilty in their ill son’s death.

The Alberta Court of Appeal on Monday overturned a judge’s acquittal in 2019 of David and Collet Stephan in the death of 19-month-old Ezekiel.

READ MORE: Alberta Appeal Court orders 3rd trial for David and Collet Stephan

They were accused of not seeking medical attention sooner for the toddler.

The court said comments the judge made about a Nigerian-born medical examiner who testified at the trial could be reasonably seen to be biased.

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Lisa Silver from the University of Calgary says a senior prosecutor will be asked to assess the public interest in going ahead, the likelihood of conviction, and the importance of sending a message about parental rights.

She adds that backlogs in the courts, the amount of time that has passed, and the availability of witnesses could also be considered.

David Stephan has issued a 16-minute post on his Facebook page about being forced to prepare for a third trial.

He says it’s an attack on parental rights and medical choice.

The Stephans told both of their trials they thought their toddler son had croup and were treating him with natural remedies before he died in 2012.

(The Canadian Press)