Canada - Ezekiel Stephan, 19 mos, dies of meningitis, 13 March 2012

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  • #201
Here it is:

Breakfast Television & CityNews Calgary‏ @BTCityNewsCGY 19m19 minutes ago
#BREAKING: David and Collet Stephan were charged with failing to provide the necessaries of life to 19-month-old Ezekiel, who died in March 2012.

David and Collet Stephan found not guilty - 660 NEWS

Pat Siedlecki‏ @radiopat258 16m16 minutes ago
BREAKING: David and Collet Stephan have been found not guilty in their Lethbridge retrial. They had been charged with failing to provide the necessaries of life in the 2012 death of their toddler son Ezekiel. More to come soon. #yql
EE2pg4SXUAQvCT7.jpg
 
  • #202
  • #203
I don't agree with the judge's decision. Specifically this:
"It follows that the Crown did not prove medical attention would have saved (Ezekial's) life


Only a very small percentage of children die with VM. Why wouldn't the judge think that medical intervention could have saved this child?
 
  • #204
EE2tAlUXUAkwEhA.jpg


:(
 
  • #205
Poor baby...
katydid23 said:
I don't agree with the judge's decision. Specifically this:
"It follows that the Crown did not prove medical attention would have saved (Ezekial's) life


Only a very small percentage of children die with VM. Why wouldn't the judge think that medical intervention could have saved this child?
Click to expand...

Ezehiel died because his parents didn't give him the medical attention he needed, so the parents are responsible for his death, IMO...poor baby....:(
 
  • #206
I'm so angry...:mad:

I don't care if he had this or that virus - whatever. If a baby stops breathing for whatever time when that baby is home, as in this case, you don't cancel the ambulance that you called for because he started breathing again. I'd want to know why my child stopped breathing, G -damn-it . All that quackery they used to try to "cure" that baby was useless, IMO.
112x32px-LL-e8940098_grrr.gif


And they have more children. I feel sorry for them. :(

Arrogant people...:mad:
 
  • #207
  • #208
I already said it. Many jurors and judges are idiotic (for real guys...)
 
  • #209
  • #210
A look at some Canadian parents accused of failing to get medical help for kids :mad:

Sep 20, 2019

"A couple in Alberta has been found not guilty of failing to provide the necessaries of life for their toddler son. Court heard that David and Collet Stephan gave 19-month-old Ezekiel natural remedies before he died in 2012. He had bacterial meningitis and his parents called 911 after he stopped breathing.

Here are some other criminal cases involving parents accused of failing to seek medical help for their children:

November 2013: John Clark, 14 months, dies of a staph infection complicated by malnutrition in Calgary. ..

Jennifer and Jeromie Clark are found guilty of criminal negligence causing death and failing to provide the necessaries of life. They are sentenced to 32 months.

March 2013: Ryan Lovett, 7, of Calgary dies after getting strep throat...

Tamara Lovett is convicted of criminal negligence causing death and sentenced to three years in prison.

December 2006: Shatoya Chatelaine, 17 months, dies in Saskatoon after getting the skin infection impetigo around her mouth....

McDonald pleads guilty to criminal negligence causing death and is sentenced to two years. The sentence is increased to three years on appeal.

September 1987: Lorie Atikian, 17 months, dies of malnutrition and pneumonia in Toronto....

A jury convicts Sonia and Khachadour Atikian of failing to provide the necessaries of life, but a new trial is ordered on appeal. The charges are eventually dismissed.

October 1981: Christopher Tutton, 5, dies in Ontario after his parents take him off insulin. Several doctors had warned the religious couple not to, but they believed he had been miraculously cured of diabetes. A jury in Kitchener convicts Carole and Arthur Tutton of manslaughter, but a second trial is ordered on appeal. That ruling is upheld by the Supreme Court. The Crown does not retry the case.

September 1964: Bonnie Deabay, 5, dies in New Brunswick of an infection from a cut lip that her mother treated with home remedies. ...

Her mother and father, Glenna and Omar Deabay, are charged with criminal negligence causing death. A jury acquits them at trial."

https://lethbridgenewsnow.com/2019/...used-of-failing-to-get-medical-help-for-kids/
 
  • #211
Alberta couples' acquittal in death of son raises questions over parental duties and responsibilities
The Stephan case raises significant questions about the ability of the legal and medical system to cope with a rise in the use of alternative therapies

September 20, 2019

"...In a Lethbridge, Alta., courtroom Thursday, seven years after their 19-month-old son was taken off life support in a Calgary hospital, they were acquitted.

“It is by the grace of God that we were able to get through this,” said David Stephan outside the courthouse, smiling broadly on Facebook Live. “This is a forward movement where we’re seeing the erosion of parental rights and medical choice here in Canada.”

The Stephan case raises significant questions about the ability of the legal and medical system to cope with a rise in the use of alternative therapies that can put the lives of children at risk.

“We really should stop tolerating the spread of pseudoscience,” said Tim Caulfield, the Canada research chair in health law and policy at the University of Alberta.

David Stephan and his wife are naturopathy enthusiasts, but the judge found that there was nothing wrong with their choice to pursue those methods of treating Ezekiel up until the moment he stopped breathing. Queen’s Bench Justice Terry Clackson rejected the findings of a medical examiner who said the boy died of bacterial meningitis, siding with a defence expert who said the death was caused by a lack of oxygen. He also ruled the Stephans, who testified they thought their son had croup, had done everything possible to get help for their son.

“The Criminal Code does not impose a duty to seek medical attention for every sick child. For that duty to arise there must be a risk to the child,” Clackson wrote, adding that the Stephans did take action when the boy’s life was at risk, when he stopped breathing....

Juliet Guichon, a bioethicist at the University of Calgary, said the verdict should be appealed. She believes the judge was wrong to find that the Stephans did everything they could to help their son.

The trial heard that Ezekiel didn’t have routine visits with a pediatrician or family doctor, and he didn’t get standard vaccinations.

The judge also heard that David Stephan first called 911 when Ezekiel stopped breathing but declined the offer of an ambulance when the child started breathing again. The father called 911 a second time, half an hour later, telling a dispatcher the boy had stopped breathing again and this time an ambulance was requested...."

Alberta couples’ acquittal in death of son raises questions over parental duties and responsibilities
 
  • #212
Expert says acquittal of Alberta parents in boy's death unlikely to set precedent

SEPTEMBER 20, 2019

"...Lisa Silver, a University of Calgary law professor, said the decision doesn't set a template for future cases.

"With parental responsibilities and duties we may know where they lie on the outside edges, but we are fuzzy on what that means in between," she said.

"What duties and responsibilities do we have as a parent? ... I think this case opens up that discussion for sure.

"But is this case showing that (David Stephan) is absolutely right in how he thinks about herbal remedies? No."

Silver said the general public may be unhappy with the ruling but the Crown had to prove its case.

"It's not 'look what happened. A child died.' The parents do things that we don't do, which is herbal medicine. Those two things don't make out guilt."

Tim Caulfield, research director of the University of Alberta’s Health Law and Science Policy Group, has been a vocal critic of alternative remedies used to treat patients who should be getting medical help. He said he's frustrated with the verdict.

"Irrational and irresponsible behaviour put a child at risk. But this court decision is not an endorsement for pseudo-scientific beliefs or conspiracy theories. (David Stephan) is still wrong — horribly wrong — about all of that," said Caulfield.

"It was a criminal trial, so the standard is high. I don't think this case lowers the bar. Parents can still be found criminally responsible for failing to provide the necessaries of life."

Juliet Guichon, a bioethicist at the University of Calgary, said the verdict should be appealed. The judge was wrong when he found that the Stephans did everything they could help their son, she said....

"How does a judge make such a statement? They did not do everything they could," said Guichon. "Who calls off an ambulance when a child is not breathing? So on that basis alone, the Crown has to appeal because it's contrary to the findings of fact.

"I think there are also problems with this judgment related to rejecting the medical examiner's testimony. He, who did the autopsy, who was qualified to do the autopsy, was overridden."

The Crown has said it is reviewing the judge's ruling before it decides whether to appeal...."

Expert says acquittal of Alberta parents in boy's death unlikely to set precedent
 
  • #213
Racism investigation urged for Alberta judge who ruled parents not guilty in son's death
Justice Terry Clackson ruled last week in case of David, Collet Stephan

September 27, 2019

"An Alberta judge has been accused of discrimination and "harshly" mocking an African-born doctor's accent in a decision released last week, and now dozens of legal and medical professionals have filed a formal complaint with the Canadian Judicial Council, asking for an investigation.

Over the summer, David and Collet Stephan underwent a second trial in Lethbridge on charges connected with the 2012 death of their 19-month-old son, Ezekiel. The couple had treated their child's illness with natural remedies for days rather than take him to a doctor.

Justice Terry Clackson released his decision acquitting the couple last week, siding with the defence's medical expert over Dr. Bamidele Adeagbo, a forensic pathologist who speaks with a thick Nigerian accent.

'Some may perceive racism'

Adeagbo said his autopsy on March 19 of that year concluded the boy died of bacterial meningitis and a lung infection.

However, the judge ultimately sided with the defence's medical expert, former chief medical officer, Dr. Anny Sauvageau in finding the boy had viral not bacterial meningitis and ultimately died of a lack of oxygen.

The complaint to the CJC filed Thursday afternoon and signed by 42 doctors, lawyers and professors said the judge made several comments about Dr. Adeagbo's accent, and "inappropriately implicated his national or ethnic origin as a person of African roots."

"We are of the view that Justice Clackson acted discriminatorily," reads the complaint. "Some may perceive racism."

Juliet Guichon, the University of Calgary medical ethicist who signed the complaint, said the judge's comments on Adeagbo's accent were "unnecessary.

"The judge disregarded the medical evidence and it appears he disregarded it because he favoured the opinion of a Canadian-born forensic pathologist over the opinion of the medical examiner who happened to have been born in Nigeria but who actually did the autopsy," said Guichon....

The Alberta Crown Prosecution Service has not said whether it plans to appeal Clackson's decision. ...

The judge has been the subject of media attention and criticism in the past — last year, the Supreme Court ordered a retrial after finding Clackson had relied on rape myths and stereotypes in acquitting a stepfather of sexual assault...."

https://www.cbc.ca/news/canada/calg...stigation-complaint-stephans-racism-1.5298752
 
  • #214
Medical examiner at centre of racial complaint against Alberta judge overwhelmed

September 28, 2019

"The medical examiner who testified at the trial of an Alberta couple who were charged in their child’s death said he was overwhelmed that legal and health professionals have filed a complaint alleging some comments the judge made about the doctor were racist.

Last week, Justice Terry Clackson found David and Collet Stephan not guilty of failing to provide the necessaries of life to their 18-month-old son Ezekiel in 2012.

In his written decision, Clackson said Dr. Bamidele Adeagbo was hard to understand and spoke with an accent.

A letter dated Thursday and signed by 42 medical and law experts from across Canada asks the Canadian Judicial Council to investigate Clackson’s comments.

Adeagbo, who is originally from Nigeria, was aware of the letter when he was reached by The Canadian Press on Friday.

“At this point I am not going to give any comment on what Justice Clackson did or not. I will leave it to his own peers,” Adeagbo said from his office in Terre Haute, Ind., where he now practises...."

Medical examiner at centre of racial complaint against Alberta judge overwhelmed
 
  • #215
Good news: the Crown is appealing the verdict.
 
  • #216
YESorNO said:
I'm so angry...:mad:

I don't care if he had this or that virus - whatever. If a baby stops breathing for whatever time when that baby is home, as in this case, you don't cancel the ambulance that you called for because he started breathing again. I'd want to know why my child stopped breathing, G -damn-it . All that quackery they used to try to "cure" that baby was useless, IMO.
112x32px-LL-e8940098_grrr.gif


And they have more children. I feel sorry for them. :(

Arrogant people...:mad:
Click to expand...
What makes it even more egregious is that David Stephan didn't call 911 right away when the baby stopped breathing; instead, he called his father for advice and was told to call 911.
 
  • #217
Montrealaise said:
Good news: the Crown is appealing the verdict.
Click to expand...


Pat Siedlecki‏ @radiopat258 Oct 15
Case against David & Collet Stephan isn't over yet. The Crown has filed notice of appeal of the Stephan's recent acquittal in Lethbridge Court. Crown cites 5 reasons for appeal including "trial judge's comments in the trial gave rise to a reasonable apprehension of bias." #YQL


Terry Vogt‏Verified account @CTVTerryVogt Oct 15
David & Collet Stephan will be going back to court again. The crown has appealed their aquittal on failing to provide necessaries of life for toddler son Ezekiel. Crown asking for conviction, or new trial. #YQL

EG7YRFVXUAE8bTJ.jpg


Delon Shurtz‏ @DShurtzHerald Oct 15
The Crown has appealed the acquittal of David Stephan following his necessaries of life trial last month. The crown says the judge erred in law when, among other things, he said the Crown had to prove that taking the Stephan's son to a doctor would have saved his life.#yql
 
  • #218
Crown asks Alberta's top court to convict Stephans for treating dying boy with home remedies

Oct 15, 2019

"....the Crown has filed an appeal, alleging, among other grounds, that the trial judge displayed bias in his decision for comments made about the accent of an African-born doctor — who was a witness for the prosecution — which prompted a complaint to the Canadian Judicial Council.

David Stephan says he has no comment at this time but will be publishing a Facebook post later today to address the day's development....

Judge erred, Crown alleges

Four grounds are listed in the Crown's notice of appeal, including that the judge erred "in establishing a medical standard unknown to law."..."

https://www.cbc.ca/news/canada/calgary/david-collet-stephan-ezekiel-trial-crown-appeal-1.5321150
---

Crown files appeal of David and Collet Stephan acquittal

Oct 15, 2019

"...According to the notice of criminal appeal filed Oct. 11, 2019, the Crown claims Justice Terry Clackson committed several errors ahead of the Sept. 19, 2019 acquittal including:

-Establishing a medical standard unknown to law
-Making comments in the trial that gave rise to a reasonable apprehension of bias
-Taking into account irrelevant considerations
-Placing the onus on the Crown to prove that the Stephans' son Ezekiel would have been saved had he been taken to a doctor

The Crown's allegations have not been proven in court. The Crown is seeking a conviction or a new trial....."

Crown files appeal of David and Collet Stephan acquittal
 
  • #219
YESorNO said:
Crown asks Alberta's top court to convict Stephans for treating dying boy with home remedies

Oct 15, 2019

"....the Crown has filed an appeal, alleging, among other grounds, that the trial judge displayed bias in his decision for comments made about the accent of an African-born doctor — who was a witness for the prosecution — which prompted a complaint to the Canadian Judicial Council.

David Stephan says he has no comment at this time but will be publishing a Facebook post later today to address the day's development....

Judge erred, Crown alleges

Four grounds are listed in the Crown's notice of appeal, including that the judge erred "in establishing a medical standard unknown to law."..."

https://www.cbc.ca/news/canada/calgary/david-collet-stephan-ezekiel-trial-crown-appeal-1.5321150
---

Crown files appeal of David and Collet Stephan acquittal

Oct 15, 2019

"...According to the notice of criminal appeal filed Oct. 11, 2019, the Crown claims Justice Terry Clackson committed several errors ahead of the Sept. 19, 2019 acquittal including:

-Establishing a medical standard unknown to law
-Making comments in the trial that gave rise to a reasonable apprehension of bias
-Taking into account irrelevant considerations
-Placing the onus on the Crown to prove that the Stephans' son Ezekiel would have been saved had he been taken to a doctor

The Crown's allegations have not been proven in court. The Crown is seeking a conviction or a new trial....."

Crown files appeal of David and Collet Stephan acquittal
Click to expand...
The appeal will be heard in Calgary on June 11, 2020.
 
  • #220
'Public health experts are just that, experts': U of C professor rejects Stephan's claim that COVID-19 is 'a hoax'

April 13, 2020

"CALGARY -- An Alberta father, who was charged with the death of his toddler son for failing to seek professional medical care, says the coronavirus pandemic is a hoax, meant to bring on "fancy new vaccines."

David Stephan posted about his views on COVID-19 on social media, claiming facts and figures about the illness are 'falsely inflated.'

"I can't help but state it as I see it… a HOAX!!! A hoax that is being used to usher in a one-world government, with a digital currency and some fancy new vaccines that you will have the chance to experience, whether you like it or not," he wrote...."

'Public health experts are just that, experts': U of C professor rejects Stephan's claim that COVID-19 is 'a hoax'
 
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