The Supreme Court of Canada will not hear an appeal in a high-profile Alberta case in which a couple was tried twice over the death of their sick toddler.
The Supreme Court of Canada decision ends a nearly decade-long legal battle for David and Colette Stephan, their lawyer said Thursday.
“This is completely the end of the road,” said Sean Buckley, who added that his clients were disappointed and disappointed by the decision after being the subject of worldwide media attention since being charged in February 2013.
The Stefans were accused of failing to seek medical attention sooner for their 18-month-old son Ezekiel before he died in 2012.
Read more: Alberta Crown drops charges against David and Colette Stephan in death of toddler
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They testified that they treated the boy with natural remedies for what they said was croup.
A jury convicted them in 2016 of failing to provide the necessities of life, but the Supreme Court of Canada overturned that conviction and ordered a second trial.
A judge hearing the second trial without a jury found them not guilty in 2019.
In March 2021, the Alberta Court of Appeal granted a Crown motion to overturn that acquittal and ordered a new trial.
Crown prosecutors then adjourned charges against the Stephans until June 2021, but an application for leave to appeal the decision for a third trial has already been made to the High Court.
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As usual, the Supreme Court did not give reasons for its decision.
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Sarah Langley, lead prosecutor in the Alberta Attorney’s Office’s Appeals and Specialized Prosecutions Office, thanked the Supreme Court for taking up the matter.
“Although the court affirmed the order for a new trial, a stay of proceedings was ordered on June 22, 2021 … on the charges against the Stephan family,” she said in an email.
“A Crown Prosecutor’s primary duty is to assess his case on an ongoing basis and to ensure that all aspects of the evidence are carefully considered at every stage of the prosecution.”
Read more: David and Colette Stephan hope to appeal Alberta decision in third trial to high court
Langley said it has been more than nine years since Ezekiel died and the available evidence has deteriorated since the previous two trials.
“The evidence available is no longer sufficient to meet the (Alberta prosecutor’s) standard for prosecution and there is no longer a reasonable likelihood of conviction,” she said.
2:03 David and Colette Stephan found not guilty in son’s 2012 death David and Colette Stephan found not guilty in son’s 2012 death – Sep 19, 2019
Buckley said his clients no longer face any charges, but the Stephans are concerned about other parents facing similar circumstances following the Alberta Court of Appeal ruling.
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“They decided they couldn’t stand by, that they had to fund this appeal to the Supreme Court of Canada to try to correct this change in the law,” he said.
Buckley said the Court of Appeal ruling did not require the Crown to prove intent.
“Parents are now at much greater risk when they’re trying to decide, ‘Oh, it’s 103, do we need to go to the hospital?’ is at risk.
Buckley said they are asking the court for permission to appeal, but won’t get the chance after Thursday’s ruling.
“Unfortunately, this is the end and we will just have to wait for another case to go to the Supreme Court of Canada to address this issue.”
2:02 Third Lethbridge trial ordered for David and Colette Stephan over son’s death Third Lethbridge trial ordered for David and Colette Stephan over son’s death – March 8, 2021
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