A new trial began on Monday for David and Collet Stephan, the Alberta couple who used home remedies to treat their 19-month-old son, Ezekiel, who died of a bacterial meningitis infection in 2012.
In 2016, a jury found the couple guilty of failing to provide the necessaries of life.
The Alberta Court of Appeal then upheld that ruling however, the Supreme Court of Canada later overturned the conviction and ordered a new trial.
In January, a Calgary judge refused the couple’s request for the court to delay the start of the new trial, as well as a request for $4 million to pay for past and future legal bills.
During the previous trial, court heard that Ezekiel was treated with homemade remedies, like onion and horseradish, instead of being seen by a physician.
Witnesses testified that the toddler's body was so stiff he couldn't sit in a car seat and had to lie down while his mother drove him to a naturopathic clinic in Lethbridge, where she bought him an Echinacea mixture.
The couple eventually called 911 but the boy died at Alberta Children’s Hospital.
David Stephan has been representing himself and his wife during court proceedings in the past year, saying they cannot afford to hire a lawyer.
On Monday, the couple pleaded not guilty once again to failing to provide the necessaries of life for the toddler.
David is conducting his own defence but has retained their original lawyer, Shaun Buckley, to assist with certain aspects of the case.
David also expressed concerns about going to trial while they are still waiting for some disclosure information from AHS.
“We have not got all the evidence that we were hoping for. We don’t have all the evidence that we have proof exists surrounding a critical time in Ezekiel’s care, and so it’s going to be really interesting, actually it’s really interesting that we are proceeding with a trial when we don’t have all the evidence,” said David.
The Crown started calling witnesses in the case on Monday morning and expects to spend about two weeks presenting its case.
The couple now live in Grand Prairie.
(With files from The Canadian Press)