Appeal Court reserves decision in Stephan case

CALGARY –  A decision has been reserved by Alberta’s Court of Appeal regarding the conviction and sentencing of David and Collet Stephan, for failing to provide the necessaries of life for their young son.

In April of 2016, after a lengthy trial, a jury found the southern Alberta couple guilty in the death of their 19-month old son Ezekiel, who died of meningitis in March of 2012. The little boy had been ill for several weeks and was only treated with natural remedies. The Crown laid out a case that the parents did not seek medical help until he stopped breathing, at which time, he was rushed to Lethbridge Hospital and then flown to Calgary Children’s Hospital, where he died.
 
The Alberta Court of Appeal is being asked to overturn the Stephans’ conviction.  
 
The Canadian Press reported Thursday (Mar 9) morning, that the couple’s defence lawyer stated, “The barrage of evidence from three doctors unfairly distracted jurors from the real question of whether David and Collet Stephan did anything different from any other reasonable parent.”
According to the Canadian Press, the couple’s lawyer says, “The judge in the case erred by allowing the jury to be subjected to a barrage of medical evidence from three different doctors related to the death of the little boy.”

The defence also contends there was too long a delay between the time the Stephans were arrested and eventually sentenced.

However, Crown prosecutor Julie Morgan says the Stephans received a fair trial, adding the jury heard evidence from both sides and came to the correct conclusion. The Crown is also appealing the sentence, stating, “It is not proportionate to the gravity of the offence or to the degree of responsibility of the offender.”