Stephans get "Rooked" by Alberta's Top Justice.

Friday May 31, 2019 saw three hearings in the Lethbridge Court of Queen's Bench involving the parents of Ezekiel Stephan.

My head is still reeling from what I witnessed.  I can only describe it as confusion, misrepresentations, strategic maneuvering and a complete lack of professionalism on all accounts.  

Here's the breakdown of what took place:

If all else fails, employ "Judicial Misconduct"

1. Associate Chief Justice for the Province of Alberta John Rooke enters and announces that they will be dealing with 3 applications.
2. Crown stands up confused and indicates that they are only aware of two applications.
3. David Stephan stands up and confirms their were only two applications filed with the Court.
4. Justice Rooke blames David Stephan for not providing a copy of his recusal application to the Crown and says we are moving ahead.  He says that the Application was filed.  Clerk can't find the application.
5. Court Adjourns for a 10 minutes for David to prepare.
6. Court is back in and David explains that he does not have any of the materials needed to and offers to play this as an explanation.

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      7.   After being exposed for intentionally creating the issue in his Court, Justice Rooke lost his temper and declared, he is aware of the recording and they may not play it.  It's not illegal but was improper...
       8.   Justice Rooke rules that the Stephans must now ask permission before speaking with Court officials.
       9.   Justice Rooke directs the Recusal application to run without notice or materials required to run the application.  
     10.   Justice Rooke does not allow the Stephans to read the application.
     11.   With nothing being entered onto the record, justice Rooke dismisses the Recusal application.

"Rooked" with no hope of success

Having strategically dismantled the Stephan's ability to force his recusal, Justice Rooke now had nothing to prevent him from moving ahead as the Justice over the other two applications.

During the application to allow an adjournment for Ezekiel's mother's lawyer to attend, her lawyer stood to assist her.  He was told to sit down and was not allowed to participate further in any of the hearings.  

Justice John Rooke then dismissed the application for adjournment required for Ezekiel's mother to have counsel attend.  She sat quietly wiping tears from her face for the remainder of that hearing.  As of right now Collet Stephan will not be allowed to have legal counsel during her trial.

The Stay Application

The stay application was interesting.  It started with David Stephan presenting a note from the Office of the Medical Examiner as an exhibit.  In this note the writer noted that Valerie Wallace from the Crown's office called to ask if the Medical Examiner was aware of some evidence being sought by the Defence counsel. 

She then proceeded to tell the writer that she did not want the evidence sent to her or for the ME's office to acquire it.  She just wanted to know where to find it. 

The Office of the Chief Medical Examiner in Calgary Alberta Canada

David drew the conclusion that this was an attempt to avoid obtaining evidence which the Crown would be required by law to turn over to the Defence.   It was also evidence that the defence was not able to acquire during the first trial.

No records kept or logged during a severe cardiac arrest?: Application for stay

David Stephan was given about 35 minutes for this application and as a result had to literally tear pages of documents and arguments from his brief.

The evidence presented boiled down to three basic documents and then other documents that also spoke to the same factors.

Logs on arrival to CRH

Logs showing arrival to the Lethbridge Regional Hospital. Ezekiel had improved throughout transport.

Gap in records

Logs showing transport from Lethbridge Regional Hospital to Alberta Children's Hospital.

Cardiac Arrest During Gap in Records

Stephan's argument was simple; It's not reasonable to believe that because a child goes into Cardiac Arrest a hospital would then cease to log medications, vital signs, times or other critical information.  The records are being withheld.

Notes of a Cardiac Arrest during Ezekiel Stephan's stay at the Lethbridge Regional Hospital. Medical charts and other records surrounding this time have not been turned over to the Stephans after 6 years of asking.

Stephan quoted Supreme Court case law stating that in the case of missing third parties records a stay was the only relief.  Justice Rooke dismissed the application with what appeared to be very little consideration for the law or facts presented.