The Supreme Court of Canada decision ends a nearly decade-long legal battle for David and Colette Stephan, their lawyer said Thursday. “It’s absolutely the end of the road,” said Shawn Buckley, who added that his clients are disappointed and dismayed by the decision after being the subject of worldwide media attention since they were indicted in February 2013. The Stephans were accused of not seeking medical help sooner for their 18-month-old son, Ezekiel, before he died in 2012.
Read more: Alberta Crown stays charges against David and Colette Stephan in toddler’s death
Story continues below ad 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. 1:27 ‘Very clear’ parents in Stephan’s meningitis trial did not meet care needs ‘Very clear’ parents in Stephan’s meningitis trial did not meet care needs – April 28, 2016 As usual, the Supreme Court did not give reasons for its decision. Trending Stories
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Story continues below ad 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, the proceeding … on the charges against the Stephans was adjourned to June 22, 2021,” he said in an email. “A key duty of the Crown prosecutor is to assess his case on an ongoing basis and to ensure that all aspects of the evidence are carefully considered at every stage of the prosecution.”
Read more: David and Collet Stephan hope to appeal Alberta decision for third supreme court trial
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. 2:03 David and Colette Stephan found not guilty in son’s 2012 death David and Colette Stephan not guilty in 2012 son’s death – September 19, 2019 Buckley said his clients no longer faced any charges, but the Stephans were concerned about other parents facing a similar situation after the Alberta Court of Appeal decision. Story continues below ad “They decided they couldn’t sit back, that they had to fund this appeal to the Supreme Court of Canada to try to fix this change in the law,” he said. Buckley said the Court of Appeal decision does not require the Crown to prove intent. “Parents are now at much greater risk when they’re trying to decide, ‘Oh, it’s 103, do we need to go to the hospital?’ Better, because you might go to jail even though your child is really not in danger.” Buckley said they were asking the court for permission to appeal, but won’t have the chance after Thursday’s ruling. “Unfortunately, this is the end and we will just have to wait for another case to come before the Supreme Court of Canada to deal with this issue.” 2:02 A third trial has been ordered in Lethbridge in the death of David and Colette Stephan’s son. Third Lethbridge trial ordered in death of David and Colette Stephan’s son – March 8, 2021 © 2022 The Canadian Press
