2016-10-07 Media apply to live broadcast decision on Travis Vader mistrial application | CBC News

A member of the media watches Court of Queen's Bench Justice Denny Thomas make his decision in the Travis Vader case on live television in Edmonton, on Thursday Sept. 15. (Jason Franson/Canadian Press)

A media consortium including the CBC filed an application Friday seeking permission to allow media to live broadcast the decision on the mistrial application in the Travis Vader case.

"There is no doubt exposing a global audience to the Vader murder conviction helped pull back the curtain on the justice system and there is no doubt that same global audience will benefit from hearing this mistrial application decision," said CBC managing editor Gary Cunliffe.

On Sept. 15, a television camera captured the long-awaited decision in the Travis Vader murder case, a first for an Alberta criminal trial. Media outlets broadcast the decision live and streamed video on the internet. 

Court of Queen's Bench Justice Denny Thomas found Vader guilty of second-degree murder in the July 2010 deaths of seniors Lyle and Marie McCann.

The McCanns, who were in their 70s, were on a road trip when they disappeared. Their bodies haven't been found.

In his decision, Thomas cited Section 230 of the Criminal Code — a section that was declared unconstitutional by the Supreme Court of Canada more than 25 years ago, prompting Vader's lawyers to apply for a mistrial.

Thomas is expected to rule on the mistrial application Oct. 31. 

In an affidavit to the Alberta Court of Queen's Bench, CBC reporter Janice Johnston said she believes it is important to let the media coalition back into the courtroom in the interests of continued openness and transparency.

"Public interest in this case remains very high, and live streaming the decision will ensure that the greatest number of citizens possible will be able to see and hear the decision as it is released."

The media consortium includes CBC, Postmedia, Global and CTV.

Thomas will make his decision on the live broadcast Oct. 28.