Travis Vader is appealing his manslaughter conviction for the deaths of Lyle and Marie McCann, as well as the global life sentence handed to him by Court of Queen’s Bench Justice Denny Thomas on Wednesday.

Vader was convicted of two counts of manslaughter on Oct. 31, 2016, after having been found responsible for killing the elderly couple who were travelling to B.C. on a camping holiday when they went missing in 2010.

In the appeal filed in court on Friday, Vader asks for his conviction to be set aside and for him to receive either a stay of proceedings or an acquittal. If a new trial is ordered, Vader has requested it be by judge and jury.

Following a lengthy sentencing hearing through late 2016 and 2017, Vader was sentenced to life in prison, with no chance of parole for seven years. The Parole Board of Canada starts counting parole eligibility at the time an accused person is arrested. Vader, who was in and out of custody a number of times over the past six-and-a-half years, will likely serve at least four years before being eligible for a parole hearing. 

Vader’s lawyer had argued that he should get a sentence of time served, while the Crown urged Thomas to hand Vader a sentence of 12 to 15 years for whichever of the McCann’s deaths he caused first, and a life sentence for the second, on the basis that he would have been aware of the fatal implications of his actions.

The appeal filed in Edmonton court by Vader’s defence lawyer Brian Beresh cites about a dozen grounds for appeal, contesting each step in court that brought Vader closer to his global life sentence.

Beresh argues a stay of proceedings should have been ordered due to the lengthy delays caused by the RCMP and Crown. In January 2016, Thomas said he came close to tossing the charges on account of delays caused by failure to disclose evidence.

The appeal application also argues that the finding of guilt was erroneous, partly because of a reliance on unsubstantiated evidence and unreliable Crown witness testimony.

Ground for appeal is also sought based on the aftermath of the judge relying on a defunct section of the Criminal Code  to convict Vader of two counts of second degree murder. Thomas vacated the murder charges and found Vader guilty of manslaughter instead.

"The learned trial judge’s conduct following his erroneous reliance upon s. 230 … would raise a reasonable apprehension of bias," the appeal states.

Vader is also contesting his sentence, arguing that his claims that his constitutional rights were violated during the police investigation and while in pre-trial custody weren’t properly considered, and that a life sentence is too harsh.

Beresh had indicated his intention to appeal immediately after the sentence was announced on Wednesday. Asked to respond to the possibility of an appeal, Crown prosecutor Ashley Finlayson said Vader is entitled to try.

"We think the findings in the sentencing decision are appropriate and based upon some of the additional evidence that came out during the sentencing hearing," Finlayson said.

The appeal filed in Edmonton court on Friday cites about a dozen grounds for appeal, including unreliability of Crown witnesses, circumstantial evidence, demonstration of bias by Thomas, and the "unfitness" of a global life sentence for manslaughter convictions.

pparsons@postmedia.com

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