2017-01-03 Sentencing hearing resumes for Travis Vader, convicted of killing elderly St. Albert couple | Edmonton Journal
Published by Bretton McCann,
Sentencing hearing resumes for Travis Vader, convicted of killing elderly St. Albert couple
Convicted killer Travis Vader’s credibility as a witness was called into question by both the Crown prosecutor and Court of Queen’s Bench Justice Denny Thomas on what was supposed to be the final day of the hearing being held to determine his sentence for two manslaughter convictions.
Vader, 44, was earlier found guilty of manslaughter in the 2010 deaths of Lyle and Marie McCann. The couple, in their late 70s, vanished after leaving their Edmonton-area home on a camping trip to British Columbia. Thomas found that Vader was a desperate drug addict who came across the McCanns in their motorhome near Peers, Alta., and killed them during a robbery.
Before hearing oral submissions from the Crown and defence on sentencing, the court heard arguments on Vader’s application that his constitutional rights were violated following his arrest in 2010.Vader’s lawyer argued that the mistreatment Vader was subject to should result in his sentence being reduced to time served.
The Crown is seeking one life sentence and one sentence of 12 to 15 years to be served concurrently while the defence is arguing for two sentences of four to six years each to be served at the same time.
On Tuesday morning, Vader’s lawyer, Nate Whitling, outlined the claims of rights violations that Vader testified to over several days during the December hearing, that he was attacked by guards, humiliated with strip searches and subjected to horrendous living conditions while in custody.
As Whitling laid out his arguments, Thomas questioned him on several points, and pointed out that Vader’s credibility as a witness is poor. Crown prosecutor Ashley Finlayson also leaned on the contention that Vader is "not believable and not an "accurate historian."
Thomas dismissed Vader’s application in regards to the strip search, and reserved his decision on the other claims.
Oral submissions for sentencing are expected to be heard Tuesday afternoon. Written submissions were filed with the court during the hearing in December.
Tuesday was expected to be the last day needed before Court of Queen’s Bench Justice Denny Thomas would either reserve or hand down a decision.
Follow @paigeeparsons on Twitter for updates.
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