On Jan. 25, 2017, Vader was found guilty of two counts of second-degree murder, but Justice Denny Thomas cited Section 230 of the Criminal Code in his decision.
Portions of Section 230 were ruled unconstitutional more than 25 years ago. Vader was subsequently found guilty of manslaughter and was sentenced to life in prison with no chance of parole for seven years.
Vader’s lawyer filed a notice of appeal in January 2017 and the notice stated the appellant: “appeals against conviction on grounds involving a question of law alone, applies for leave to appeal his conviction… applies for leave to appeal his sentence and if leave be granted, hereby appeals against the sentence.”
It also said if a new trial is ordered, the defence also requested the new trial to be heard by judge and jury.
The McCanns were last seen July 3, 2010, filling up their motorhome at a gas station before a trip to British Columbia. Their burned out motorhome was found on July 16 near Peers, Alta.
It’s not known how the couple was killed.
Vader is scheduled to appear in court in Edmonton for his appeal on Nov. 28.
On Wednesday night, the McCanns’ son, Bret McCann, issued a statement about Vader’s decision to appeal his conviction. You can read the statement in its entirety below:
Travis Vader killed my parents, Lyle and Marie McCann, on July 3, 2010. In 2017, he was convicted and received a life sentence for this egregious crime.
In their late seventies, Mom and Dad were enjoying a trip in their RV from Edmonton to the Vancouver area when they encountered a drug-fuelled Vader somewhere near Edson. In the course of the robbery of a vehicle and some cash, Vader killed them both.
Vader has not revealed the details, but it is clear that he murdered one in front of the other. Then killed the second. Vader then concealed their bodies, and evaded the police for weeks until his capture.
Despite a mountain of clear and irrefutable evidence, Vader has not acknowledged his guilt, nor disclosed the location of my parents’ remains. Without a proper funeral and memorial, our family is unable to fully grieve and reach a measure of closure.
Now, we learn that Vader will appeal his conviction in the Alberta Court of Appeal on Nov. 28, 2018. While we, of course, acknowledge his right to due process, we are confident that this appeal will be rejected, and that Vader will fully serve his life sentence in prison. And, we are hopeful that Vader will ultimately accept full responsibility for his horrific deed.
Throughout this marathon that our family has endured, two key institutions in our country — the RCMP and the Crown — were magnificent in bringing Vader to face justice. And, we are confident that the Crown will prevail in this appeal process.
– With files from Emily Mertz, Global News
The full notice of appeal document is posted below.