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They also noted the judge mistakenly used an outdated section of the Criminal Code and later substituted manslaughter for the original verdict of second-degree murder.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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

PHOTOS: Wet’suwet’en supporters gather in Abbotsford

Solidarity march sees group of 50 people walk around Downtown Abbotsford

Another Abbotsford resident defrauded with elaborate phone scam

Thieves steal almost $16,000 from one resident, the tenth known victim in last 5 month

Abbotsford mosque gets online hate for exhibit on Jesus

Event meant to bring community together gets attacked teaching religous differences

UFV Cascades fall to Alberta in quarter-final

Offence short circuits in 62-48 loss to Pandas in Calgary

Homeless count is coming to the Fraser Valley to help track the numbers

Training Feb. 27 in Chilliwack to help volunteers adopt respectful and compassionate approach

VIDEO: Abbotsford senior recalls ‘crazy’ decision to grab bear cub from den

Henry Martens – now 96 – says he was lucky to be alive after youthful decision to enter a bear’s den

New Alberta forward joins Vancouver Giants’ ranks

new left-handed 18-year-old is a familiar face to Giants head coach Michael Dyck

‘A bag full of garbage every 15 metres’: Surrey industrial area filled with trash

Local workers looking to recruit business, raise funds to help dispose of litter

Cheapest in B.C.: Penticton gas prices dip below $1 per litre

Two stores in Penticton have gas below a dollar.

Brand new Tesla crashes into Surrey store front, mounts gas line

Driver was heading to the Autoplan store, straight off the lot

Loans or gifts? Judge rules woman must pay B.C. man back $7K

B.C. judge rules that woman must pay back more than $7,000 in advanced funds to man

VIDEO: Outpouring of worldwide support for bullied Australian boy

Australian actor Hugh Jackman said ‘you are stronger than you know, mate’

Mugging with airsoft gun results in Langley school lockdown

Police found the weapon and a stolen phone later

‘A horror show:’ Ex-employee shares experience at problematic Chilliwack seniors’ home

Workers are paid below industry standard at all Retirement Concepts facilities

Most Read