An Edmonton judge who used an unconstitutional section of the Criminal Code in his murder verdict is considering whether or not to grant a mistrial in the case.

When Justice Thomas Denny convicted Travis Vader of second-degree murder, thousands of Canadians watched as he made what legal experts call a major error.

Even though the Lyle and Marie McCann's bodies have never been found, Justice Denny Thomas concluded beyond a reasonable doubt that Travis Vader killed the seniors during a robbery.