The case against David and Collet Stephan isn’t over yet.

The Crown has filed a notice of appeal following the recent acquittal in Lethbridge Court of Queen’s Bench.

Last month, the Stephan’s were found not guilty in a retrial.

In his decision, the judge felt Ezekiel had viral, not bacterial meningitis and that he actually died from a lack of oxygen when an ambulance was not properly equipped to intubate him.

You can read our full story on the trial acquittal here: David and Collet Stephan found not guilty in son’s death

The Crown however plans to appeal on five grounds, including “the trial judge’s comments in the trial gave rise to a reasonable apprehension of bias.”

Justice Terry Clackson said the medical examiner called by the Crown, Dr. Bamidele Adeagbo, was hard to understand and spoke with an accent.

The Crown’s notice also says the judge erred in law when he said the Crown had to prove that taking the Stephan’s son to a doctor would have saved his life.

Crown’s Grounds for Appeal

1) The trial judge erred in law by finding that as an element of the offender under s. 215(2)(b)
of the Criminal Code, the Crown had to prove that the Stephan’s taking Ezekiel to a doctor would
have saved his life;
2) The trial judge erred in law in establishing a medical standard unknown to law;
3) The trial judge’s comments in the trial gave rise to a reasonable apprehension of bias;
4) The trial judge erred in assessing credibility by taking into account irrelevant
considerations;
5) Such further other grounds as counsel may advise.