Author Topic: Lyle and Marie McCann part 2  (Read 621187 times)

solvy

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Re: Lyle and Marie McCann part 2
« Reply #2385 on: April 10, 2019, 09:51:36 PM »
Hi Sap, do you know if Vader got his appeal?

Sap1

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Re: Lyle and Marie McCann part 2
« Reply #2386 on: April 11, 2019, 01:49:15 AM »
Hi Solvy. It looks as though the appeal court has reserved their decision, but the lawyers of Vader want a new trial. I didn't find anything more on that.

https://www.cbc.ca/news/canada/edmonton/travis-vader-mccann-missing-st-albert-1.4927753

Lawyers seek new trial for Travis Vader in deaths of missing Alberta couple

Defence attorneys claim mistakes were made by original trial judge
CBC News ยท Posted: Nov 30, 2018 11:50 AM MT | Last Updated: November 30, 2018

Travis Vader was given a life sentence in 2017 in the deaths of Lyle and Marie McCann. (CBC )
Lawyers for a man convicted of killing two Alberta seniors whose bodies have never been found have asked for a new trial.

Travis Vader was sentenced in January 2017 to life in prison for manslaughter in the deaths of Lyle and Marie McCann.

'Terrifying for all Canadians': Travis Vader gets life sentence for killing elderly Alberta couple
The lawyers have asked the Court of Appeal of Alberta for a new trial on the grounds that there were a number of errors made during the original one.

They argued in court Friday that the trial took too long and say the convictions should be stayed.

The lawyers said the judge mistakenly used an outdated section of the Criminal Code, and later substituted manslaughter for the original verdict of second-degree murder.

The McCanns, who were in their late 70s, vanished in 2010 after leaving their St. Albert home to go camping in British Columbia.

The appeal court has reserved its decision.

solvy

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Re: Lyle and Marie McCann part 2
« Reply #2387 on: April 11, 2019, 08:10:44 AM »
Thanks Sap, for looking that up. 

Sap1

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Re: Lyle and Marie McCann part 2
« Reply #2388 on: April 11, 2019, 10:45:37 AM »
YW Solvy. Dang Vader is going to be a thorn in the justice system forever and it's worrisome that he has such a good lawyer. People wrongfully accused don't even have such good representation. 

Sap1

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Re: Lyle and Marie McCann part 2
« Reply #2389 on: May 20, 2019, 04:17:04 AM »
https://www.cbc.ca/news/canada/edmonton/no-new-trial-for-travis-vader-1.5140246

Convicted killer Travis Vader's bid for a new trial has been rejected by the Court of Appeal of Alberta.

"Based on the facts as he found them, the trial judge was ultimately correct in convicting the appellant of manslaughter," the appeal court said in a judgment released Friday.

"We see no prejudice having befallen the appellant as a consequence of the trial judge's analysis, and no benefit in a retrial to test again whether the appellant should have been convicted of manslaughter, in the robbery killings of the McCanns."

Vader's lawyer, Brian Beresh, said he plans to seek leave to appeal Friday's judgment to the Supreme Court of Canada.

"This is not the end of the road," Beresh told reporters Friday.

"There will be leave sought from the Supreme Court of Canada. We think the issues were wrongly decided by the Court of Appeal. We think that the issues that we raised are of national importance and should be heard and determined by the highest court in this land."

In January 2017, Vader was sentenced to life in prison for manslaughter in the deaths of St. Albert couple Lyle and Marie McCann.


Last November, lawyers for Vader appeared before the appeal court to argue he should get a new trial on grounds that a number of errors were made during his original trial.

They argued that the trial took too long. They said his convictions should be stayed.

Vader, now 47, was originally convicted of two counts of second-degree murder.

But after it was discovered that Court of Queen's Bench Justice Denny Thomas had relied on a section of the Criminal Code that had been ruled unconstitutional, Thomas downgraded the convictions to manslaughter.

The McCanns, who were in their late 70s, vanished in 2010 after leaving their home to go camping in British Columbia. Their bodies have not been found.

Their son, Bret McCann, said Friday it's still important for the family that their remains be located. It's also important for Vader to reveal that information, he said.

"He's got to say where are the bodies of my parents," McCann said. "Acknowledging his guilt is critical, I think, to his rehabilitation. So I'm hopeful, not optimistic, that this decision today will encourage him to start acknowledging his guilt.

"It's still very important to our family that he says what happened to my parents."

Lawyers seek new trial for Travis Vader in deaths of missing Alberta couple
'Terrifying for all Canadians': Travis Vader gets life sentence for killing elderly Alberta couple
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