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Crown appeals Stephan ruling

October 15, 2019

The Crown has filed a notice of appeal in regards to the Stephan case. David and Collet Stephan were acquitted last month in relation to charges of failing to provide the necessaries of life for their 18 month old son Ezekiel who died in 2012.

According to the criminal appeal filed on October 11th the Crown claims judge Terry Clackson committed several errors including establishing a medical standard unknown to law, making comments in the trial that gave rise to reasonable apprehension of bias. Taking into account irrelevant considerations and placing the onus on the Crown to prove that the Stephans son would have been saved had he been taken to a doctor. The Crown is seeking a conviction or a new trial. In his decision Justice Terry Clackson said the meningitis stricken boy died from a lack of oxygen and not the infection. The Stephans were originally found guilty in 2016 of failing to provide the necessaries of life but the Supreme Court of Appeal granted a new trial last year.