"The learned trial judge erred in his consideration of culpability on a portion of Section 230 of the Criminal Code of Canada that was declared unconstitutional by the Supreme Court of Canada in R v Martineau," the notice said.

The notice also stated Thomas relied upon a law "no longer in force and effect in relation to second-degree murder."

It goes on to state Thomas erred by making findings of facts "that were unreasonable and not supported by the evidence."

Although the notice indicates Vader is seeking an acquittal, it also states that, if a new trial is ordered, he wants it to be done by judge and jury.

On Friday afternoon, Nate Whitling, a lawyer on Vader’s defence team, said on Twitter that he had asked the judge for a date to hear an application for a mistrial. The tweet states that the date Oct. 3 has been suggested. 

About 20 family and friends gathered at Bret McCann’s St. Albert home Thursday afternoon and ate hotdogs in the yard to celebrate the second-degree murder verdict. In the early evening, Bret McCann saw chatter online by legal experts who said Thomas has erroneously convicted Vader with a "ghost law."

McCann is hopeful the judge could amend the second-degree murder conviction.

Unsurprised by the details of the appeal, he called Vader’s main lawyer, Brian Beresh, a "shotgun defence lawyer" who has tried any and all available tactics to defend his client.

McCann isn’t so concerned with which crime Vader is found guilty of — first-degree murder, second-degree murder or manslaughter — as long as he is on the hook for the killings.

"The great thing that we got from yesterday, and I don’t think this can be changed … is that Vader was found responsible for the death of my parents," McCann said.

He said he felt great relief after Thursday’s guilty verdict: "I thought it was over yesterday."

Still, after following the saga for six years, he’s prepared for more legal wrangling, including the possibility of another trial.

"It would be difficult, but we know this is a marathon. We’ll see it through until the end, no matter what twists and turns this takes."

Earlier this year, Thomas denied a defence application to have the charge against Vader judicially stayed, following a lengthy abuse of process hearing.

The massive investigation into the 2010 disappearance of the St. Albert couple whose bodies have never been found involved 600 police officers and multiple undercover operations. Beresh was still asking for disclosure only weeks before the double-murder trial was scheduled to begin in April 2014. That March, Beresh received 5,000 pages of new material not previously disclosed to the defence. The late disclosure forced the prosecution to stay the murder charges. Months later, RCMP again charged Vader with killing the McCanns.

Beresh argued that was an abuse of process, but Thomas didn’t accept that.

With his guilty verdict Thursday, live-streamed from the courtroom, Thomas again sided with the Crown. He ultimately accepted the bulk of the Crown’s argument, and chose to find Vader guilty on two counts of second-degree murder.

toblais@postmedia.com

jfrench@postmedia.com