Travis Vader's lawyer says they will appeal after judge changes murder convictions to manslaughter

By Tony Blais

Travis Vader was convicted of two counts of manslaughter Monday, shortly after his defence lawyer argued for a mistrial in the lengthy 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 and then said he was finding him guilty of the lesser and included offences of manslaughter.

A sentencing hearing was then scheduled for the week of Dec. 12 to Dec. 16, with Thomas saying they could use some of the following week as well if necessary.

The judge also ordered that a pre-sentence report be prepared on Vader, although defence lawyer Nate Whitling told court that Vader would likely not cooperate.

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Travis Vader. AMBER BRACKEN / THE CANADIAN PRESS / FILE

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

"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’ upcoming 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," said Whitling.

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

Finlayson said the Crown would be seeking a sentence at the "upper end of the range." Manslaughter sentences can range from a suspended sentence to a maximum penalty of 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 type of 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, as well as allegations he has been assaulted while there.

And 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.

"It has been plagued with problems from beginning to end."

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

On Monday, Thomas accepted an error had been made.

Whitling argued in the mistrial application that Thomas should not reopen the case as it could lead to a "presumption of bias" and said 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.

Thomas has found Vader was responsible for the deaths of Lyle and Marie McCann, an elderly St. Albert couple who disappeared on July 3, 2010, while driving to B.C. for a family camping holiday.

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The burning motorhome belonging to Lyle and Marie McCann is shown in an evidence photo released at the Travis Vader trial in Edmonton, Tuesday, March 8, 2016.  THE CANADIAN PRESS

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Two days later, their motorhome was found ablaze at a campground near Edson and the SUV they were towing was discovered in the woods on July 16, 2010. Their bodies have never been found.

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

"Our family is pleased with the result," McCann 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.