Lawyers ask for stay or new trial for Travis Vader in deaths of missing seniors

Travis Vader was sentenced in January 2017 to life in prison for the deaths of Lyle and Marie McCann

Lawyers for a man convicted of killing two missing Alberta seniors have asked the Alberta Court of Appeal to throw out his manslaughter conviction or order a new trial.

Travis Vader was sentenced in January 2017 to life in prison for the deaths of Lyle and Marie McCann, who were in their 70s when they vanished after leaving their Edmonton-area home in July 2010.

Defence lawyers asked the Appeal Court on Friday to order a stay of proceedings or a new trial on the grounds that there were a number of errors in the original one.

“The case took way too long. It should have been stayed,” Brian Beresh said outside court. “That, of course, if successful, would mean no trial.

“Alternatively, a trial simply on manslaughter.”

RELATED: Son of Vader’s victims demands action from Ottawa on Criminal Code ‘zombie laws’

The defence argued in court that the RCMP was negligent in the handling of disclosure in the trial, which added two years of delay to the prosecution.

They also noted the judge mistakenly used an outdated section of the Criminal Code and later substituted manslaughter for the original verdict of second-degree murder.

“The extraordinary errors committed by the police and the trial judge in this case deprived the public and the appellant of any hope of a prosecution conducted in accordance with the fundamental rights protected by the charter,” said a written brief filed by the defence.

“This is one of the rare cases where a stay of proceedings is required.”

Crown prosecutor Jason Russell argued there were exceptional circumstances that justified the time it took to complete the trial.

“In assessing the reasonableness of the delay, the court must consider the exceptionally complicated nature of this case,” he said in a written brief.

Vader was charged with first-degree murder in April 2012, almost two years after the McCanns’s burned-out motorhome and a vehicle they had been towing were discovered in the days after they disappeared. Their bodies have never been found.

The charges against Vader were stayed in March 2014 before being reinstated in December 2014.

During the trial in 2016, Vader was described as a desperate drug addict who came across the McCanns and killed them during a robbery.

The Crown had asked for a life sentence. Prosecutors argued Vader showed no remorse after the killings, used the McCanns’s cellphone the same day to call an ex-girlfriend and took their money to buy beer and a phone card.

The defence suggested Vader should receive four to six years, but get at least six years of credit for pre-trial custody.

Vader, who’s in custody, has maintained his innocence.

Should a new trial be ordered, it should only be on Vader’s manslaughter convictions. the defence suggested Friday.

“The law is pretty clear,” explained Beresh. “If you are acquitted of murder, you can’t be retried on that. Your exposure is limited to the conviction, which we say in this case was manslaughter only.”

The Court of Appeal — made up of Justice Peter Martin, Justice Marina Paperny and Justice Jack Watson — challenged the defence on a number of its legal arguments.

Beresh said he expected tough questions from the bench.

“This is a serious issue,” he said. “As everyone knows, this is not the last station on the railway track. This case could go to the Supreme Court of Canada.”

The Court of Appeal reserved its decision.

Colette Derworiz, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Cold weather centre to open in Grand Forks

The centre will be open around the clock through to the spring.

Avalanche Canada issues special public warning

Very weak layer buried under recent snow a cause for concern

Grand Forks fire crews respond to ‘abandoned’ house fire

No one was in the home at the time of the fire.

From the Hill: The millstone of a cannabis conviction

Richard Cannings writes about records expungement for cannabis convictions

Tips for avoiding Canada Revenue Agency scams

Grand Forks RCMP are asking residents to be vigilant.

VIDEO: Royals reveal the images on their Christmas cards

Prince William and his wife Kate are shown outside in casual clothes, their three young children in tow

ICBC to apply for 6.3% hike to basic insurance rates

Crown Corporation said it will be submitting its next basic rate application to the British Columbia Utilities Commission Friday

Media, robotics, Indigenous studies coming to B.C. Grade 12 classrooms in 2019-20

Provincial tests are also being changed for students in Grade 10 to 12, the Education Ministry said

Stranded B.C. trucker writes final wishes before being rescued 3 days later

‘I was just praying someone would come along’

Canfor Corp. extending temporary curtailment of sawmills in B.C.; cutting hours

Vancouver-based company says the decision is due to declining lumber prices, high log costs and log supply constraints

Canada’s prospective world junior team members await final roster decisions

Thirty-four players were invited to the national junior selection camp

Final phase of Kelowna hospital cardiac centre completed

Finishing new recovery rooms marks completion of $381 million project

Family searching for B.C. professor last seen at Colombian salsa club

Ramazan Gencay, a professor in economics at Simon Fraser University, was last seen in Medellin

Rash of bomb threats a learning opportunity for response capacity, Goodale

Thursday’s wave of bomb threats swept across communities on both sides of the Canada-U.S. border

Most Read