By The Canadian Press

Alberta Court of Appeal to hear arguments in toddler meningitis death

Mar 9, 2017 | 8:06 AM

CALGARY – The Alberta Court of Appeal is scheduled to hear arguments today over the conviction and sentencing of a married couple who neglected to seek proper medical treatment for their son, who died of bacterial meningitis.

David and Collet Stephan were found guilty in April 2016 of failing to provide the necessaries of life to their son Ezekiel, who died in 2012. The toddler was treated with hot peppers, garlic, onions and horseradish for several weeks and died in a Calgary hospital.

The trial heard the little boy was too stiff to sit in his car seat and had to lie on a mattress when his mother drove him from their rural home to a naturopathic clinic in Lethbridge, Alta., to pick up an echinacea mixture.

The Stephans never called for medical assistance until Ezekiel stopped breathing. He was rushed to a local hospital and died after being transported to Calgary Children’s Hospital.

David was sentenced to four months in jail, while Collet received three months of around-the-clock house arrest. The two were released part way through their sentences, pending the result of the appeal.

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According to The Canadian Press, the Stephans want the court to overturn the conviction, claiming the judge’s instructions to the jury were unfair and the court should have accepted expert testimony that was excluded.

The Crown is arguing the sentences aren’t “proportionate to the gravity of the offence or to the degree of responsibility of the offender.”

Prosecutors also assert that Justice Rodney Jerke gave insufficient weight to denunciation and deterrence, failed to give weight to aggravating factors and overemphasized mitigating factors in the couple’s favour.

David Stephan posted to his Facebook page on Wednesday saying he was praying for “the right outcome.”