2018-02-27 Travis Vader denied chance to appeal weapons breach | Edmonton Journal
Published by Bretton McCann,
Travis Vader denied chance to appeal weapons breach
Travis Vader was denied leave to appeal a weapons breach to the province's highest court.
Travis Vader arrives at court in Edmonton on March 8, 2016. AMBER BRACKEN / THE CANADIAN PRESS
The province’s highest court has denied a man serving a life sentence for killing two St. Albert seniors leave to appeal a conviction for breaching a weapons prohibition.
Travis Vader wanted to appeal a conviction for being found in possession of two knives when he was arrested while out on bail in 2015 awaiting trial for the killings of Lyle and Marie McCann.
Court earlier heard Vader was found by police driving around "in the middle of nowhere" and "behaving erratically" on Feb. 28, 2015. Inside his pickup, officers discovered a machete and a fishing knife, which led a provincial court judge to convict Vader in 2016 of violating a condition of his bail.
Vader was fined $100 and sentenced him to six days in jail, but received credit for time served, according to court records.
Vader didn’t dispute possession of the machete and knife, but in an appeal to the Court of Queen’s Bench, he argued the lower court judge erred in considering them weapons under the Criminal Code definition that they were "designed for use."
That appeal was rejected January in a decision by Justice Terry Clackson that created a new legal test to define a "weapon."
In reasons for the decision filed with the court Friday, the Alberta Court of Appeal declined to hear a further appeal.
Vader was found guilty in 2017 of manslaughter in connection to the 2010 deaths of Lyle and Marie McCann, ages 78 and 77. He has also filed an appeal in that case.
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