Judge: I made a MISTAKE, it’s manslaughter
MURDER VERDICT VACATED IN DEATHS OF ELDERLY EDMONTON COUPLE
• 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.