Judge finds Alberta couple not guilty in toddler son’s death

LETHBRIDGE, Alta. – An Alberta couple who treated their son with herbal remedies rather than seek medical attention have been found not guilty in the boy’s death.

David and Collet Stephan were charged with failing to provide the necessaries of life to 19-month-old Ezekiel, who died in March 2012.

The official cause of death was bacterial meningitis, but a pathologist called by the defence said the child died from a lack of oxygen to the brain when he was in an ambulance.

Justice Terry Clackson spoke to the court in Lethbridge, Alta., for only four minutes before releasing his written decision.

“While it may seem odd that a parent who does nothing with a terminally ill child may not be culpable, it must be remembered that this case is about endangering life, not … any of the other offences which such callous behaviour might substantiate,” Clackson wrote.

Supporters in the courtroom cheered and Collet Stephan cried as she hugged her husband.

It was the second trial for the Stephans, who were found guilty by a jury in 2016. The Supreme Court of Canada set aside the conviction and ordered a new trial.

“We could have taken the easy road out a number of times … but we weren’t willing to go that route,” David Stephan said last month at the end of closing arguments.

Over the course of the trial, the Stephans testified that they initially thought Ezekiel had croup, an upper airway infection, and they treated him with natural remedies including a smoothie with garlic, onion and horseradish.

They said he appeared to be recovering at times and they saw no reason to take him to hospital, despite his having a fever and lacking energy.

They called an ambulance when the boy stopped breathing.

A family friend, who is a nurse and midwife, testified that she advised Collet Stephan the day before to get a medical opinion. The friend feared “something more internal like meningitis.”

“It’s the Stephans’ failure to respond to … increasingly alarming information or feedback from their child during that period of time,” Crown prosecutor Britta Kristensen said in her closing argument.

“Both parents knew the child had meningitis.”

David Stephan, who represented himself, argued it was a failure by medical professionals to properly intubate his son that led to his death.

Testimony indicated the boy was without oxygen for nearly nine minutes because an ambulance that took him to hospital wasn’t properly stocked with breathing equipment to fit a child.

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Bill Graveland, The Canadian Press