2017-01-25 Travis Vader gets life sentence for killing elderly Alberta couple | CBC


Travis Vader was sentenced Wednesday to life in prison for killing two Alberta seniors who were last seen alive in 2010.

Vader, 44, was convicted last year of two counts of manslaughter in the deaths of Lyle and Marie McCann of St. Albert, just outside Edmonton.

Before he announced the sentence, Court of Queen's Bench Justice Denny Thomas asked Vader if he had anything to say.

"This court has convicted an innocent man," Vader said from the prisoner's box. "And I will continue to fight until I can clear my name."

Bret McCann, the eldest son of the two victims, watched the court proceedings via video conferencing from Melbourne, Australia, where it was 4 a.m.

During a court adjournment, McCann spoke to reporters gathered inside the courtroom, saying his family is relieved that their long ordeal is finally at an end.

"This has truly been a marathon," he said. "We are thrilled that justice has been served."

A smattering of applause was heard in the packed courtroom after sentence was announced.

The case unfolded over more than six years, dating back to July 3, 2010, the last day the McCanns were seen alive. Their bodies have not been found.

Bret McCann said the family remains haunted by a sense of uncertainty.

"We don't know exactly what happened on July 3, 2010," he said. "And we may never."

'I hope he never attains parole'

The defence had asked the judge to impose to a prison term of four to six years, or essentially time served, while the Crown argued Vader should be imprisoned for life.

The court granted Vader five years' of credit for time already served in custody. He will be eligible to apply for parole in seven years.

"I need to fully understand this parole arrangement," McCann said. "From my point of view, I hope that he never attains parole.

"I hope that the parole board see that he doesn't deserve parole until he expresses remorse and says where my parents' bodies are."

McCann billboard

A billboard along the Yellowhead Highway near Edmonton asked for help in locating Lyle and Marie McCann after they went missing in 2010.

Defence lawyer Brian Beresh told court his client has received threats in Alberta and asked that Vader be allowed to serve his sentence in B.C.

Justice Thomas granted that request.

Beresh spoke to the media outside the courthouse, and said his client was "not pleased" with sentence.

"He will fight until his last day to prove he is innocent," Beresh said, who told reporters he plans to file notice of appeal later this week.

"What disturbs me about this case — in fact it haunts me — is that at the end of the day there are still so many questions that are unanswered."

Beresh called the case against his client circumstantial and outlined the points of law on which he will focus his appeal.

"In essence, the court of appeal will be asked how, in a case like this where there are so many holes in the case, so many gaps to be filled by the evidence, do we come to rely upon, 'This must have happened. This must have happened.' And then we start to add all of those speculative reasons together to try to come to some conclusion.

"Our position on the appeal will be, the law doesn't allow this. The courts have never tolerated it."

The McCanns were beginning a road trip to B.C. when they disappeared after stopping at a gas station in St. Albert.

Both in their 70s, they were last seen alive on July 3, 2010. Their burned out RV was found two days later at a campsite near Edson, Alta.

Vader has consistently denied killing the couple. During a sentencing hearing in December, he argued his rights were violated while in custody. He also alleged the RCMP used excessive force while arresting him and that he had been beaten up by guards at the Edmonton Remand Centre.

Vader was originally convicted of two counts of second-degree murder. But when it was discovered Thomas had relied on a section of the Criminal Code that had been ruled unconstitutional, the judge downgraded the convictions to manslaughter.

During the sentencing hearing, the defence suggested the McCanns could have been accidentally killed, a theory Thomas ruled out.

"How do you accidentally kill two old people?" Thomas asked. "You could accidentally kill one, but not two."