Supreme Court won’t hear appeal by parents who have faced two trials in son’s death

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Canada’s highest court docket received’t hear an enchantment in a high-profile Alberta case that noticed a pair tried twice within the demise of their sick toddler.

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The choice by the Supreme Courtroom of Canada places an finish to an almost decade-long authorized battle for David and Collet Stephan, their lawyer mentioned Thursday.

“It’s completely the top of the street,” mentioned Shawn Buckley, who added his shoppers are disillusioned and pissed off by the choice after being topic to media consideration from all over the world since they had been charged in February 2013.

The Stephans had been accused of not looking for medical consideration sooner for his or her 18-month-old son, Ezekiel, earlier than he died in 2012.

They testified that they had been treating the boy with pure cures for what they thought was croup.

A jury convicted them in 2016 of failing to offer the necessaries of life, however the Supreme Courtroom of Canada overturned that verdict and ordered a second trial.

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A choose listening to the second trial with no jury discovered them not responsible in 2019.

In March 2021, the Alberta Courtroom of Enchantment granted a request by the Crown to overturn that acquittal and ordered one other trial.

Crown prosecutors then stayed prices towards the Stephans in June 2021, however the utility looking for go away to enchantment the choice on the third trial had already been submitted to the Supreme Courtroom.

As normal, the Supreme Courtroom gave no causes Thursday for its determination.

Sarah Langley, chief prosecutor within the appeals and specialised prosecutions workplace with the Alberta Crown Prosecution Service, thanked the Supreme Courtroom for its consideration of the matter.

“Though the court docket has upheld the order for a brand new trial, a keep of proceedings was entered . . . on the costs towards the Stephans on June 22, 2021,” she mentioned in an e-mail.

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“A key responsibility of a Crown prosecutor is to evaluate their case on an ongoing foundation and guarantee all features of the proof are rigorously thought-about at each stage of a prosecution.”

Langley mentioned it has been greater than 9 years since Ezekiel died and out there proof has deteriorated because the earlier two trials.

“The out there proof is not adequate to fulfill the . . . customary for prosecution and an affordable chance of conviction not exists,” she mentioned.

Buckley mentioned his shoppers had been not dealing with any prices, however the Stephans had been involved about different dad and mom dealing with an analogous circumstance after the ruling from the Courtroom of Enchantment of Alberta.

“They determined they couldn’t sit nonetheless, that they needed to fund this enchantment to the Supreme Courtroom of Canada to attempt to right this modification to the regulation,” he mentioned.

Buckley mentioned the Courtroom of Enchantment determination doesn’t require the Crown to show intent.

“Mother and father now are at a a lot greater danger when they’re attempting to determine, ‘Oh, the temperature is 103, ought to we go to the hospital?’ You higher, since you may go to jail despite the fact that your baby actually just isn’t in danger.”

Buckley mentioned they had been asking the court docket for permission to enchantment, however received’t get the possibility after Thursday’s determination.

“Sadly, that’s the top and we’re simply going to have to attend for an additional case to method the Supreme Courtroom of Canada for them to take care of this difficulty.”