Collet Stephan, second from left, wipes away a tear as she and her husband David Stephan arrive at the courthouse with their children in Lethbridge, Alta., on June 24, 2016. Some experts worry the continuing legal saga of a southern Alberta couple convicted of failing to get proper medical treatment for their son who died of bacterial meningitis could turn them into martyrs for the alternative medicine and anti-vaccination movement. Tim Caulfield, the research director of the University of Alberta's Health Law and Science Policy Group, said he worries about David Stephan's continued public statements he and his wife were targeted because they didn't vaccinate their children. THE CANADIAN PRESS/Jeff McIntosh
Tim Kalinowski
tkalinowski@lethbridgeherald.com
David and Collet Stephan are seeking $1 million in compensation for past legal costs from the Crown, and $3 million for their next trial — set to begin in June of 2019.
The Stephans informed the Court of Queen’s Bench via closed-circuit TV from Grande Prairie, where they now reside, of their intent to accumulate a “trust fund” set up for their legal defence. The Crown argued the compensation component of the Stephans’ request should be set aside by the court as it was inappropriate to include such requests in a criminal proceeding. These types of requests are usually dealt with in a Statement of Claim in civil court, the Crown explained.
On the matter of setting up a legal fund for the Stephans’ defence, the Crown said it would be open to allowing the Stephans to obtain an attorney through Legal Aid if they filed a Rowbotham application with the court, but would oppose any such “trust fund” for their legal defence.
David Stephan informed the court he and his wife were not planning to make any such Rowbotham application at this time and preferred to have a fund set up for their legal defence instead.
Madame Justice E.A. Hughes agreed to have a hearing on these matters on Jan. 18 in the Lethbridge Court of Queen’s Bench, but asked the Stephans what they intended to do if their bid to have such a fund set up ultimately failed? She informed the Stephans they would still have to either have legal representation in court or express their desire to represent themselves in the upcoming proceedings, as their voir dire hearing is set to go ahead in February.
The Stephans indicated to the Justice Hughes they would have a better idea of what to do after learning the results of the hearing on Jan. 18.
The couple was found guilty following their original trial in 2016 of failing to provide the necessaries of life for their 19-month-old son Ezekiel, who died of meningitis in 2012.
Court was told the Stephans treated their toddler with homemade remedies and didn’t take him to see a doctor when he became ill. On the night Ezekiel stopped breathing they called 911, but he died later in hospital. The couple testified they assumed their son had a minor illness, which they could treat themselves, and at times the treatments seemed to work and he appeared to recover.
David Stephan received a four-month jail sentence, while Collet was given three months of house arrest.
In the Supreme Court’s ruling, Justice Michael Moldaver explained the trial judge did not properly instruct jurors and he quashed the convictions and ordered a new trial. The Stephans, who were tried by a judge and jury in 2016, have elected to be tried by judge alone.
The new trial is set to run for four weeks beginning June 3, 2019.
— with files from Delon Shurtz
