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Appeal notice filed in case of man convicted of murdering Alberta couple

Sep 16, 2016 | 11:33 AM

EDMONTON – The lawyer for a man found guilty of second-degree murder in the deaths of an Alberta couple says he has filed notice he will appeal his client’s conviction.

Brian Beresh says the appeal focuses on what he calls a major error in the ruling and is seeking to have Travis Vader acquitted or a new trial ordered.

Beresh says Justice Denny Thomas relied on a section of the Criminal Code that has been declared unconstitutional and made other errors involving the interpretation of evidence.

He says nothing will happen with the appeal until Vader is sentenced in Court of Queen’s Bench, which could run well into the fall.

Alberta’s Justice Department has declined comment on the case, which has been in and out of court since 2012.

The family of seniors Lyle and Marie McCann, who were killed in July 2010 while driving to British Columbia for a camping trip, was not available for comment.