David and Collet Stephan asking to have the charges against them dismissed on Thursday (June 20), an application that was denied by Justice Terry Clackson.

The couple was found guilty by a jury in 2016 of failing to provide the necessaries of life to their 19-month old son Ezekial, who died due to bacterial meningitis in 2012. However, the Supreme Court of Canada ordered a new trial last year, saying the original trial judge erred in their instructions to the jury.

It’s alleged that the Stephans treated Ezekial with natural remedies instead of seeking prompt medical attention.

The Crown wrapped up its case earlier in the week. On Thursday (June 20), the Stephan’s lawyer Jason Demers argued that the Crown failed to prove that Ezekiel would have survived if he received earlier medical attention.

But Justice Clackson pointed to testimony from pediatrician Dr. Shauna Burkholder, who told the court that anyone who contracts bacterial meningitis and doesn’t get medical attention will die.

The trial continues on Monday (June 24), at which time the defence is expected to make its opening statement.