Friday, Jul 12, 2013 04:00 pm

By: Amy Crofts

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Accused killer Travis Vader is set to stand trial for double murder next year, after the Crown cancelled a six-week preliminary hearing scheduled for September.

Crown prosecutor Michelle Doyle confirmed a direct indictment was filed in the Court of Queen's Bench but said she is "not in a position to make a statement as the matter remains before the court."

Vader is facing two counts of first-degree murder in the deaths of St. Albert couple Lyle and Marie McCann. He was the only suspect identified by RCMP in their disappearance.

The McCanns were last seen on July 3, 2010 as they departed St. Albert, bound for British Columbia for a family visit. The burnt-out shell of their motorhome was discovered at a campground near Edson a few days later. The McCanns’ bodies have never been found.

Vader was formally charged in April 2012, nearly two years after he was named a suspect in the killings. His preliminary hearing was set to begin Sept. 9.

The purpose of a preliminary inquiry is to determine if the Crown’s case has enough evidence to justify a trial. It is similar to a trial in that evidence and witnesses are brought in, examined and cross-examined under oath, but the defence does not present their case.

Steven Penney, professor of law at the University of Alberta, explained that although the preliminary hearing allows the defence to see what evidence there is against their client, the Crown is obligated to disclose any physical evidence, witness statements and expert reports they may have.

"The right to disclosure in Canadian law is very broad. The defence is not going to be entering a trial without any advanced notice of what the Crown’s case is going to be," said Penney.

"But it’s still not the same thing as having sworn testimony presented in court subject to cross-examination."

Penney noted the vast majority of criminal trials take place without a preliminary inquiry and are reserved for more serious indictable offences. He also stated that proceeding by direct indictment – sending a case directly to trial – is not done lightly.

"It’s supposed to be an extraordinary and unusual process that requires the written consent of the Attorney General, so this is fairly unusual but certainly not unprecedented," he said.

Penney explained a direct indictment may be used when there is concern evidence against the accused that may not be admitted or admissible in trial, will leak out and potentially contaminate the jury during a preliminary hearing.

He noted there is also a correlation between proceeding by direct indictment and cases that have attracted a lot of public and media attention. Recent cases in the Edmonton media that have proceeded by direct indictment include the case of Baby M and the University of Alberta HUB Mall shooting.

Another reason direct indictment may be used is if there is concern the trial occur in a timely fashion.

For the McCanns’ eldest son, Bret, the elimination of the preliminary inquiry means closure for the family is in sight.

"The huge overwhelming question is what happened and why and we won’t know that until the trial," he said. "Getting to the trial is a huge milestone for us."

"We’re in it for the long haul. We want to see justice served."

The investigation into the disappearance of Lyle and Marie McCann is still open and ongoing. Anyone with any information is asked to call Crime Stoppers at 1-800-222-8477 or the St. Albert RCMP at 780-458-7700. There is a $60,000 reward for information relating to their whereabouts.