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They also noted the judge mistakenly used an outdated section of the Criminal Code and later substituted manslaughter for the original verdict of second-degree murder.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

Province announces $23 million for upgrades at Kootenay Boundary Regional Hospital

West Kootenay-Boundary Regional Hospital District Board has yet to review the provincial proposal

Tell the Times

Web Poll: Do you stay in town or leave for holidays like Family Day?

Big announcement coming for Kootenay Boundary Regional Hospital

The announcement will be made today in the Trail-based hospital at 1 p.m.

Kaslo, the Baby City

Place Names: Nicknames, Part 4

100 days of school in East Trail

Celebrating 100 days of school happens each year at St. Michael’s Catholic School in East Trail

VIDEO: Canada’s flag turns 54 today

The maple leaf design by George Stanley made its first appearance Feb. 15, 1965

Eight cases of measles confirmed in Vancouver outbreak

Coastal Health official say the cases stem from the French-language Ecole Jules Verne Secondary

Plecas won’t run in next election if B.C. legislature oversight reforms pass

B.C. Speaker and Abbotsford South MLA says he feels ‘great sympathy’ for Jody Wilson-Raybould

Workshop with ‘accent reduction’ training cancelled at UBC

The workshop was cancelled the same day as an email was sent out to international students

Former B.C. premier Gordon Campbell accused of sexual touching

Accuser went to police, interviewed by Britian’s Daily Telegraph

Judge rules Abbotsford home must be sold after son tries to evict mom

Mom to get back down payment and initial expenses

Trump officially declares national emergency to build border wall

President plans to siphon billions from federal military construction and counterdrug efforts

Snow turns to slush, rain as it warms up across B.C.’s south coast

Some areas are already covered by more than half a metre of snow following three separate storms

Father to be charged with first-degree murder in Amber Alert case

11-year-old Riya Rajkumar was found dead in her father’s home in Brampton, Ontario

Most Read