Part of convicted killer Travis Vader's argument that his constitutional rights were violated following his arrest for the murders of Lyle and Marie McCann was dismissed Tuesday by the justice overseeing his sentencing.



Vader, 44, was found guilty of two counts of manslaughter on Oct. 31. The McCanns, who were both in their late 70s, vanished after leaving their Edmonton-area home on a camping trip to British Columbia in July 2010. 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. The couple's bodies have never been found.



Vader has never confessed to the killings, and though he didn't testify during the trial, he spent multiple days during the first week of his sentencing hearing in December giving evidence to back up his claims of the mistreatment visited upon him by various people in the criminal justice system.



After noting his concerns about Vader's "credibility," Court of Queen's Bench Justice Denny Thomas dismissed Vader's application that he was unlawfully strip-searched, and said he would provide written reasons later. He reserved his decision about Vader's other allegations — that his right to legal counsel had been obstructed, and that he was mistreated while in pre-trial custody at the Edmonton Remand Centre.



After making their constitutional arguments, the lawyers for both sides moved on to sentencing submissions, which were filed in written form with the court in December.



Crown prosecutor Ashley Finlayson argued Thomas should hand Vader a 12- to 15-year sentence for the first killing and a life sentence for the second, which would have been "foreseeable" following the first.



Finlayson said the victims' "vulnerability" and "fragility" are key to understanding that even actions without a weapon, such as punching, could have caused serious bodily harm.



"It’s reasonable to expect that if you deliver that type of blow to a person who is close to 80 … it is going to have a significant effect on them," Finlayson said.



Defence lawyer Nate Whitling argued it is still unknown what exactly happened to the McCanns, and said it is possible that whatever transpired was accidental.



"We simply do not know what occurred in respect to these events," Whitling said.



Thomas, who challenged a number of Whitling's arguments throughout the day, pushed back.



"How do you accidentally kill two old people? You might accidentally kill one. How do you kill two?" he asked Whitling.



While having an exchange with Whitling about previous cases of manslaughter convictions in which a body was never recovered, the 1999 conviction of Dr. Abraham Cooper for killing Dr. Doug Snider in Fairview, Alta., was raised. Cooper received a 10-year sentence, which Thomas said was "lucky."



"He got away with murder," Thomas said.



The sentencing hearing is set to resume Wednesday, but isn't expected to run the entire day.



pparsons@postmedia.com

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