May 15, 2018 7:55 am
Updated: May 15, 2018 8:02 pm

Supreme Court orders new trial for Alberta parents of boy dead of meningitis

WATCH ABOVE: New trial ordered for parents of Alberta boy who died of meningitis

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The Supreme Court of Canada has ordered a new trial for a couple who used homemade remedies instead of seeking medical attention for their son who died of bacterial meningitis.

READ MORE: Timeline of Ezekiel Stephan’s final days, the Alberta boy who died of meningitis

David Stephan and his wife, Collet, were found guilty in 2016 of failing to provide the necessaries of life to 18-month-old Ezekiel in 2012.

18-month-old Ezekiel Stephan

Prayers for Ezekiel Facebook page

Their trial in Lethbridge, Alta., heard that they treated the boy with garlic, onion and horseradish rather than take him to a doctor. The Stephans eventually called 911 but the little boy died in hospital.

The Alberta Court of Appeal upheld the conviction last November, but because the ruling wasn’t unanimous, the couple had an automatic right to take their case to the Supreme Court.

WATCH: Father of Alberta toddler who died from meningitis says he feels “vindicated” by the Supreme Court’s decision to grant a new trial

The Supreme Court heard arguments from the couple’s lawyer and the Crown on Tuesday morning before making the unusual move of ruling immediately from the bench.

Justice Michael Moldaver, speaking for the high court, said the trial judge did not properly instruct jurors “in a way that the jury could understand … Accordingly we would allow the appeal, quash the convictions and order a new trial.”

WATCH: Alberta parents of toddler that died of meningitis granted new trial by Supreme Court


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Lawyers for the Stephans had argued before the Alberta Appeal Court that the trial judge allowed the jury to be overwhelmed by medical evidence, which unfairly distracted from the real question of whether the Stephans acted differently than any other reasonable parent.

READ MORE: Father says ‘no room for justice and truth’ after Alberta court upholds convictions in son’s meningitis death

David Stephan said outside court that he and his wife feel vindicated.

“We’re grateful because this is a move in the right direction and we now have the opportunity to bring the whole truth forward,” he said.

“We’re just so excited to have the ability to do that and to be able to uphold parental rights here in Canada.”

Stephan had posted on Facebook last week that the Supreme Court hearing was important for parents in all of Canada.

“Our Supreme Court hearing … will not only affect the future of our family, but the future of all Canadians as this landmark, precedent-setting case is being used to deprive parental rights and health freedoms in Canada,” he wrote.

WATCH: The Supreme Court of Canada has ordered a new trial for David and Collet Stephan. The ruling comes after the couple was found guilty in 2016 of failing to provide the necessaries of life to their 18-month-old son Ezekiel. Matt Battochio reports.

He also made reference to the “real criminals,” but when asked on Tuesday what he meant, he would not elaborate.

“We’ll have to wait and find out won’t we?” he said.

READ MORE: Parents of boy in Alberta meningitis death to challenge conviction in Supreme Court

David and Collette Stephan leave the courthouse in Lethbridge, Alberta, April 26, 2016, after being found guilty in failing to provide the necessaries of life in the death of their 19-month-old Ezekiel 2012.

David Rossiter, The Canadian Press

David Stephan had been sentenced to four months in jail and his wife was ordered to spend three months under house arrest — the only exceptions being for trips to church and medical appointments.

Witnesses at the trial said the toddler’s body was so stiff he couldn’t sit in his car seat, so he had to lie on a mattress when his mother drove him from their rural Alberta home to a naturopathic clinic in Lethbridge, where she bought an echinacea mixture.

READ MORE: Naturopath cleared in Alberta toddler’s meningitis death

The Stephans never called for medical assistance until Ezekiel stopped breathing. He was taken to a local hospital and died after being transported to Calgary’s Children’s Hospital.

WATCH: Holistic medicine experts say combination of naturopathic and traditional medicines is the best approach

Lawyers for the Stephans argued before the Alberta Appeal Court that the trial judge allowed the jury to be overwhelmed by medical evidence, which unfairly distracted from the real question of whether the Stephans acted differently than any other reasonable parent.

© 2018 The Canadian Press

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