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The former Alberta couple convicted of failing to provide the necessaries of life after using homemade remedies to treat their infant son will be headed back to court.

The Supreme Court of Canada overturned the 2016 conviction on Tuesday after about one hour of arguments from the Crown and counsel for David Stephan and his wife, Collet, found guilty of failing to provide the necessaries of life to 19-month-old Ezekiel.

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The Stephans’ defence told Canada’s highest court that contrary evidence from medical experts led the trial judge to issue a misleading charge and did not “give the jury the tools that they needed to decide this case properly.”

She claimed the testimony of an emergency room nurse — who examined Ezekiel at the family home the day before his death — was not given weight and fully explained by the judge when charging the jury.

But the Crown says the same nurse testified at trial Ezekiel could be suffering from “something internal.” The Crown said the comment should have been a “red alert” for the parents.