National Post

Judge: I made a MISTAKE, it’s manslaught­er

MURDER VERDICT VACATED IN DEATHS OF ELDERLY EDMONTON COUPLE

- Tony Blais

• Travis Vader was convicted of two counts of manslaught­er Monday, after a judge changed his flawed murder verdict.

Vader’s lawyer had argued for a mistrial in the case involving the disappeara­nce of an elderly St. Albert couple.

Court of Queen’s Bench Justice Denny Thomas told Vader, 44, that he was vacating his second- degree murder conviction­s based on a legal “error” made in his earlier verdict, adding he was finding him guilty of the lesser offences of manslaught­er.

“I accept that it was an error,” the judge said as lawyers argued over whether there should be a mistrial.

Lyle and Marie McCann disappeare­d on July 3, 2010, while driving to British Columbia for a family camping holiday.

A sentencing hearing has been scheduled for Dec. 12-16, with Thomas saying they could use some of the following week as well.

He also ordered a pre- sentence report on Vader, although his lawyer, Nate Whitling, told court Vader would likely not co-operate.

Outside court, Whitling said they were “quite disappoint­ed” with the manslaught­er conviction­s and thought a mistrial would have been the “appropriat­e remedy.”

“Mr. Vader didn’t really have a chance to get a reaction, we saw him for just a couple of minutes after court,” said Whitling.

“Obviously, it’s better than the original verdict, but our own view is that there needs to be a new trial altogether.”

Although Whitling said he will have to look at Thomas’ written decision — which the judge said would be issued “shortly” — he said he expects it will be the subject of an appeal.

“It’s our view that Justice Thomas did not have the authority to do this and this is a matter which is going to have to be sorted out by another court down the road,” the lawyer said.

Crown prosecutor Ashley Finlayson said outside court the manslaught­er conviction­s were “made out by the factual findings” Thomas made in his Sept. 15 verdict.

Finlayson said the Crown would be seeking a penalty at the “upper end of the range.” Manslaught­er sentences can range from a suspended sentence to life in prison.

“We do have two vulnerable elderly people dead at the hands of Mr. Vader. Their bodies have not been recovered. Mr. Vader was on a form of release at the time,” he said. “Those are the aggravatin­g circumstan­ces that jump out at me, but they are not the only ones.”

Whitling said he does not yet know what sentence he would be asking for, but noted he would be calling evidence regarding the substantia­l amount of time Vader has spent in pre-trial custody, and allegation­s he has been assaulted while there.

While Finlayson told reporters the public “should feel confident that the system is working,” Whitling said the case has been an “unfortunat­e” process and should have been resolved long ago.

Vader was convicted of second- degree murder on Sept. 15, however the judge used a section of the Criminal Code that was declared unconstitu­tional by the Supreme Court of Canada in 1990.

Whitling argued in the mistrial applicatio­n Thomas should not reopen the case as it could lead to a “presumptio­n of bias.” He added the judge couldn’t just “patch up” the case by substituti­ng verdicts of manslaught­er for the erroneous second-degree murder ones.

The Crown disagreed and said the judge still had jurisdicti­on to do exactly that.

Speaking on the phone soon after Monday’s decision, the couple’s son, Bret McCann, said he and his family are relieved the mistrial applicatio­n was denied and they won’t have to go through another trial.

“Our family is pleased with the result,” he said. “Also, we’re hoping that Vader will show some remorse and tell us where the bodies are.”

In his lengthy written decision, Thomas found Vader was a methamphet­amine addicted drug dealer who was in “desperate circumstan­ces” at the time with no money or food and concluded he killed the McCanns in a violent interactio­n during a robbery.

 ?? POSTMEDIA NEWS FILES ?? Justice Denny Thomas reduced Travis Vader’s second- degree murder conviction­s to two counts of manslaught­er on Monday.
POSTMEDIA NEWS FILES Justice Denny Thomas reduced Travis Vader’s second- degree murder conviction­s to two counts of manslaught­er on Monday.

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