2011-12-22 Judge rules Vader's treatment in custody unfair | CTV Edmonton News

Published by Bretton McCann, December 22nd, 2011

Judge rules Vader's treatment in custody unfair

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Julia Parrish, ctvedmonton.ca

Published Thursday, December 22, 2011 5:54PM MST

Although he was sentenced for charges not related to a high-profile case he's been named as a suspect in, a judge said the way Travis Vader was treated was a major factor in his sentence.

Travis Vader was given a 33-and-a-half month sentence for charges of arson and break and enter Thursday morning.

As she handed down her sentence, the judge said the intense publicity he's received after RCMP named him the prime suspect in the disappearance of Lyle and Marie McCann meant Vader had to spend months in administrative segregation.

Photos

Travis Vader exits a Mayerthorpe courthouse on May 31, 2011.

The judge said that played a significant role in the sentence given.

"Because of that publicity, and only because of that publicity, he was put in administrative segregation," Justice Joanne Veit said in her decision.

Justice Veit said Vader didn't deserve the isolation, and said: "People are put there to be punished."

"Mr. Vader was held in administrative segregation for some months of his pre-trial custody, which is an unusual circumstance for an inmate," Crown Prosecutor Michelle Doyle said. "I'm not surprised she treated it as an unusual circumstance."

The Crown had asked for a three to four-year prison sentence.

Although Vader was given double, and some parts triple credit for time already served in this sentence, he will not go free tomorrow.

He's still being held on separate charges, and those aren't scheduled to be addressed until April – but he could still apply for bail and be released before then.

RCMP have not laid charges against Vader in relation to missing St. Albert couple Lyle and Marie McCann.

Justice Veil also mentioned in her decision that RCMP were acting within their rights to name Vader as a suspect in the case, Vader's lawyer hopes his client's sentence will be a wake-up call for police, and the media.

"I hope people who deal in publicity, the public authorities and the media will learn the value of discretion," Defence lawyer Daniel Mol said. "I think there is a lesson in this."

CTV News spoke with RCMP Thursday, who said the decision doesn't change their investigation.

Vader is still a suspect in the case, and police said their investigation is going well.

With files from Scott Roberts