By The Canadian Press

Judge finds Travis Vader guilty of 2nd-degree Murder of Seniors but, an Appeal is expected

Sep 15, 2016 | 11:16 AM

EDMONTON – A judge has found an Alberta man guilty of second-degree murder in the killing of two seniors who disappeared in 2010.

The judge told an Edmonton court he has concluded beyond a reasonable doubt that Travis Vader killed Lyle and Marie McCann during a robbery.

Vader was charged with first-degree murder.  But Justice Denny Thomas says there wasn’t enough evidence to conclude Vader planned to killed the McCanns.

The bodies of the McCanns, who were both in their late 70s, have never been found, but Vader’s DNA and a fingerprint were found in their SUV.

The vehicle and the couple’s burned-out motor home were discovered west of Edmonton days after the McCanns vanished.

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The son of the elderly couple says a murder verdict in their deaths is a huge relief to the family. But Bret McCann says nagging questions remain about how Lyle and Marie McCann died, and they may never be answered.

McCann spoke outside court after Vader was found guilty of second-degree murder.

Justice Denny Thomas said there was no reasonable doubt that Vader killed the McCanns during a robbery, but there was nothing to suggest he intended to do so.

The conviction carries an automatic life sentence, but a hearing still needs to be held to determine Vader’s parole eligibility.  

 In the meantime, at least one legal scholar says he doesn’t think the judge’s verdict will stand.

University of Alberta law professor Peter Sankoff says Alberta Queen’s Bench Justice Denny Thomas used an invalid section of the Criminal Code in finding Vader guilty of second-degree murder. 

Sankoff says the judge’s error leaves the verdict wide open to an appeal — something Vader’s lawyer has already said he intends to do.