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They also noted the judge mistakenly used an outdated section of the Criminal Code and later substituted manslaughter for the original verdict of second-degree murder.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

RCMP urge caution for back to school drivers

Police are asking drivers to slow down and watch for pedestrians

UPDATE: Police response on Cheam First Nation a ‘non-event’, RCMP say

More than two dozen RCMP and ERT vehicles were at the First Nation looking for a known fugitive

Harrison Lagoon closed due to E. coli

Water samples tested too high for the bacteria

Chilliwack backs B.C. plastics action plan overall

Council is firing off a letter commenting on the B.C. plan to pare down plastics pollution

B.C. sockeye returns drop as official calls 2019 ‘extremely challenging’

Federal government says officials are seeing the same thing off Alaska and Washington state

Ethnic media aim to help maintain boost in voting by new Canadians

Statistics Canada says new Canadians made up about one-fifth of the voting population in 2016

Memorial to deceased teen stays in place through Labour Day

Hundreds of tributes have been left at the Walnut Grove skate park

Wife charged in husband’s death in Sechelt

Karin Fischer has been charged with second-degree murder in the death of her husband, Max

B.C. Hydro applies for rare cut in electricity rates next year

Province wrote off $1.1 billion debt to help reverse rate increase

Speculation tax forces sale of Greater Victoria’s iconic ‘Tulip House’

Bob and Jan Fleming selling their retirement home famous for its thousands of tulips

New police force in Surrey must avoid VPD, RCMP errors made in Pickton case: Oppal

Boots are scheduled to be on the ground by spring 2021

Man at centre of dropped HIV-disclosure case sues province and 10 cops

Brian Carlisle of Abbotsford says Mission RCMP defamed him and were ‘negligent’ in their investigation

Conan turns to the Property Brothers for tips on buying Greenland

Jonathan Scott suggests removing glaciers and mountains to bring in ‘more natural light’

Forests minister visits B.C. town rocked by multiple mill shutdowns

A third of Mackenzie turns out for rally, not much to cheer about

Most Read