The attorney for a Calgary mother who was found guilty in the death of her seven-year-old son in 2013 says the conviction should be stayed because her right to a timely trial was violated.

Tamara Lovett, 48, was found guilty in January of criminal negligence causing death. Her son Ryan died from sepsis after he contracted a strep infection and his organs failed.

Lovett treated the little boy with holistic remedies including dandelion tea and oil of oregano and during the trial court heard that Ryan’s body was full of Group A streptococcus when he died.

Lovett’s lawyer, Alain Hepner, says she was charged in November 2013, but there was a 38 month wait and that her conviction should be stayed due to unreasonable delays.

Hepner is making his argument under a Supreme Court of Canada ruling that says a criminal trial in superior court that takes longer than 30 months violates an accused's charter rights.

The Crown is arguing that earlier court dates were available and that Hepner's busy schedule caused a 32 month delay.

On Tuesday, the justice in the case reserved her decision on the Jordan Application until November 17th and if the application is unsuccessful, Lovett will be sentenced the same day.