The Crown makes its final arguments Thursday in the trial of Emil and Rodica Rodita, the Calgary parents accused in the death of their teenage son.
15 year old Alexandru Rodita weighted just 37 pounds when he died of starvation and complications from untreated diabetes three years ago.
His parents have pleaded not guilty to first degree murder.
Wednesday, defence lawyer Andrea Serink argued in order to prove first degree murder the Crown would have to prove the Rodita’s both planned and intended to kill their son.
She said failing to treat his diabetes is not the same as intending to murder and that the judge should only consider manslaughter or criminal negligence.
The trial has heard from medical officials and social workers who were involved with the family from the time Alex was first diagnosed with diabetes in 2000 up until the family moved from B.C. to Alberta.
At one point Alex was placed in foster care, where he thrived for nearly a year before he was returned to his family.
The boy never saw a doctor while in Alberta, although he did have a health insurance number.
Alex was one of eight children and earlier this week one of his sisters testified he was vibrant, artistic and smart person who was happy most of the time. She also acknowledged her parents did not believe in taking their children to doctors on religious grounds.