EDMONTON - Nine months after an Alberta Crown prosecutor suddenly stayed first-degree murder charges against Travis Vader in the deaths of Alberta seniors Lyle and Marie McCann, the charges have just as suddenly been recommenced.
RCMP announced the news in a statement emailed to media after 5 p.m. on Friday. The statement said Vader was arrested without incident on Friday, and is in custody.
Vader’s lawyer, Brian Beresh, said he was "surprised and shocked" by the developments, and that staying the charges now appears to have been "an attempt to buy more time in what was an incomplete investigation."
"I’m feeling disappointed that our system of justice has allowed this to happen," Beresh said.
Friday’s news was the latest development in what has been one of the province’s most closely watched murder cases, ever since the St. Albert couple disappeared en route to meet their daughter in B.C. in July 2010.
The McCanns’ burning motorhome was found parked at the Minnow Lake Campground southeast of Edson two days after Lyle McCann, 78, and his wife Marie, 77, were seen filling up their motorhome with gas at a St. Albert Superstore. Though their bodies were not found, they have both been declared victims of homicide.
RCMP named Vader a "person of interest" in the McCanns’ deaths within two weeks, and quickly arrested him on outstanding warrants. RCMP later upgraded the description of Vader to "suspect" in the murders, but he was in custody for nearly two years before finally being charged with two counts of first-degree murder in April 2012.
Vader spent two more years on remand. His trial was less than a month away when the Crown suddenly stayed the murder charges in March 2014, in a move that shocked even Vader’s counsel.
Greg Lepp, then-assistant deputy minister of the Alberta Crown Prosecution Service, said then that the charges were being stayed because of new evidence received by RCMP, but he wouldn’t comment on the nature of that evidence.
The Crown has 12 months to recommence stayed charges, but it is rarely done. University of Alberta law professor Steven Penney said in March that the stay was "a very strong sign" prosecutors didn’t believe they could convict Vader.
Beresh was more blunt. Speaking to the media immediately after the stay, Beresh called the evidence against Vader "shoddily gathered" and "a bunch of strings that were never tied together."
Beresh said then that it would be an abuse of process if the Crown stayed the charges only to force an adjournment. On Friday, Beresh said he now believes that to be the case, and that he will likely file a motion for abuse of process.
Beresh said he was also disappointed that Vader was arrested at a time when the courts are now closing for an extended period, which will make it difficult to schedule a bail hearing in the coming weeks.
He said the timing of Vader’s arrest "appears well planned."
After more than four years on remand, Vader was released from custody on Oct. 8, after being found not-guilty of a series of unrelated drug, theft and firearms-related charges.
At that time, lawyer Nathan Whitling said Vader had asked him to tell the public that he was not a threat to anyone, and was intending to get a job, and live a quiet life.
"I suspect this is the last you will hear of Travis Vader," he said.
During his time in custody, Vader and his counsel have made allegations of mistreatment and mishandling of the case, and Vader has filed lawsuits against both the RCMP and Crown alleging malicious prosecution.
The McCann’s son, Bret McCann, issued a statement on Friday evening saying, "Today’s news means that we will now have the opportunity to learn more about the investigation into our parents’ death when this case comes to trial."
The statement says the family will not be commenting further, and that "Our goal now is to ensure the accused receives a fair trial."
jpruden@edmontonjournal.com
Twitter.com/@jana_pruden
