David and Collet Stephan leave for a break during their appeal hearing in Calgary on Thursday, March 9, 2017. THE CANADIAN PRESS/Todd Korol

David and Collet Stephan leave for a break during their appeal hearing in Calgary on Thursday, March 9, 2017. THE CANADIAN PRESS/Todd Korol

Alberta Appeal Court orders 3rd trial for parents in toddler’s meningitis death

Stephans were accused of not seeking medical attention sooner for Ezekiel, who had meningitis when he died

Alberta’s top court has ordered a third trial for a couple originally convicted then found not guilty in the death of their ill son.

The Alberta Court of Appeal has granted a request by the Crown to overturn the 2019 acquittal of David and Collet Stephan.

The Stephans were accused of not seeking medical attention sooner for 19-month-old Ezekiel, who had meningitis when he died in 2012.

A jury convicted the couple in 2016, but the Supreme Court of Canada overturned that verdict and ordered a second trial at which a judge acquitted them.

The Appeal Court judges ruled that comments made by the judge about a chief medical examiner demonstrated “a reasonable apprehension of bias.”

As a result, the not guilty verdicts have been set aside and a new trial ordered.

READ MORE: Accused mother cries at Alberta trial over boy who died of meningitis

The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Meningitis

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A vineyard wind machine caught fire in the early morning hours in Osoyoos Wednesday. (Osoyoos Fire Department Ryan McCaskill photo)
Flames from machine fire cast glow across Osoyoos Lake

A vineyard wind machine was engulfed in flames in the early morning hours Wednesday

B.C.’s 2021 budget is trending in the right direction to support farmers, says the BC Fruit Growers’ Association. (Phil McLachlan - Capital News)
B.C. budget receives thumbs up from Okanagan fruit growers

BCFGA general manager said budgetary investments put farming industry on a good trajectory for recovery

Cameron Baughen, solid waste management coordinator at the Regional District of the South Okanagan Similkameen, has been spreading the word of at-home composting around Penticton. (Photo - Pixabay)
RDOS and Penticton to launch compost facility study

The study will look at the impact and requirements for a new biosolid waste facility

BC Transit will offer free bus service in the South Okanagan and Similkameen on Earth Day, April 22. (Black Press file photo)
BC Transit to offer free Earth Day bus service in South Okanagan and Similkameen

Conventional routes, On-Request and handyDART services all included in day of free service

road closed
Mudslide closes Penticton road

Eastside Road is closed in both directions, take Highway 97 instead

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

Canadian driver Paul Tracy pulls out of the pits during the morning session at the Molson Indy in Vancouver, B.C., Saturday, July 26, 2003 (CP/Richard Lam)
Vancouver is considering hosting a Formula E race using electric cars

The race would be part of a three-day event focused on climate and sustainability

(Pixabay)
Kelowna man facing charges for bike theft

The Kelowna man allegedly stole an e-bike from the 2200-block of Harvey Avenue

Jessica Lynn Pihl
Woman believed to be in North Okanagan wanted by police

RCMP seek public’s help locating 37-year-old

Chart from the April 20 B.C. budget shows sharp dip in real estate sales early in the COVID-19 pandemic and the even steeper climb since late 2020. (B.C. government)
Hot B.C. housing market drives property transfer tax gains

B.C. budget boosts tobacco, sweet drinks, carbon taxes

President Joe Biden holds a virtual bilateral meeting with Canadian Prime Minister Justin Trudeau. (AP Photo/Evan Vucci)
U.S. to help Canada with more COVID-19 vaccine supply, Biden says

The U.S. has already provided Canada with about 1.5 million doses of the AstraZeneca vaccine

Lustenberger getting ready to go down one of the last unskied lines at Rogers Pass on Mt. Macdonald. (Photo by Andrew Mcnab)
Meet Christina Lustenberger — one of Revelstoke’s great skiers

The athlete has many first ski descents throughout B.C.

B.C. Finance Minister Selina Robinson leaves the assembly with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
Paid sick leave for ‘hard-hit’ workers left out of provincial budget: BCGEU

‘For recovery to be equitable it requires supports for workers, not just business,’ says union president Laird Cronk

Most Read