David and Collet Stephan plan to use their last avenue of defence to try and get their convictions of failing to provide the necessaries of life overturned.
David and Collet Stephan are taking their appeal to the country's top court. The two were convicted in a Lethbridge courtroom last year of failing to provide the necessaries of life in the meningitis death of their 19 month old son Ezekiel. The Stephan's had appealed, however last week the Alberta Court of Appeal, in a 2-1 decision, upheld that conviction. In a Facebook post, David Stephan thanked his lawyers for talking with the Crown to allow him to stay out of jail while they file a Supreme Court of Canada application. The Alberta Appeals Court ruling to uphold the conviction wasn't unanimous, so the Stephan's now have the right to go to the country's highest court. David was ordered to serve four months in jail and Collet three months of house arrest when the pair was convicted in Lethbridge Court of Queen's Bench in 2016. The trial heard they treated little Ezekiel with garlic, onion and horseradish rather than taking him to a doctor. - Pat Siedlecki