David and Collet Stephan were accused of not seeking medical help sooner for their 18-month-old son, Ezekiel, before he died in 2012. They testified that they were treating the boy with natural remedies for what they thought was croup. A jury convicted them in 2016 of failing to provide the necessities of life, but the Supreme Court of Canada overturned that verdict and ordered a second trial. A judge who heard the second trial without a jury found them not guilty in 2019. In March 2021, the Alberta Court of Appeal granted a Crown request to overturn that acquittal and ordered a new trial. Crown prosecutors then dropped charges against the Stephans in June 2021, but an application seeking leave to appeal the decision for a third trial had already been made to the High Court. As usual, the Supreme Court did not give reasons for its decision. Sarah Langley, attorney general in the office of appeals and specialist prosecutions at the Alberta Crown Prosecution Service, thanked the Supreme Court for considering the matter. “Although the court upheld the order for a new trial, it stayed proceedings … on the charges against the Stephans until June 22, 2021,” he said in an email. “A key duty of a Crown prosecutor is to assess his case on an ongoing basis and ensure that all aspects of the evidence are carefully considered at every stage of the prosecution.” Langley said it has been more than nine years since Ezekiel died and the available evidence has deteriorated since the two previous tests. “The available evidence is no longer sufficient to meet the (Alberta Crown Prosecution Service) standard for prosecution and there is no longer a reasonable likelihood of conviction,” he said. Jason Demers, a lawyer for the Stephans, said Thursday in an email to CBC News that his clients are disappointed that the Supreme Court will not hear their appeal, “which leaves what we believe is uncertainty in the law.” “The SCC obviously felt differently, and while we may not agree with that decision, we accept it,” Demers said. “My clients are very concerned about what this decision will mean for other parents who are in a similar position as they were.”
