Judge to announce decision on Travis Vader mistrial application Oct. 31

Court of Queen's Bench Justice Denny Thomas said today inEdmonton thathe will rule on a mistrial application from lawyers for convicted murderer Travis Vader on Oct. 31.

"It's important that this matter get dealt with," Thomas said."It's just a question of how we're going to do it."

The semi-retired judge made a commitment to announce his decision in open court.

But first he has set deadlines for defence lawyers and the Crown prosecutor to make written submissions on the mistrial application.

Those legal briefswill be for his eyes only. Thomas said they don't have to be filed with the courts or made public until he makes a decision on the mistrial application.

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Defence lawyer BrianBereshsaid he wanted the opportunity to argue in open court, but Thomas reserved his decision on thatrequest, stating it would depend upon the quality of the written submissions.

Vader'slawyers, the Crown prosecutor and Thomas metin theEdmonton courtroomMonday, two weeks after Thomas foundVaderguilty of second-degree murderin the deaths of St. Albert coupleLyle and MarieMcCann.

Thomas also asked the Crown prosecutor to assemble a draft sentencing plan, including any evidence the Crown might want to call.

"I want to get some idea how long a sentencing hearing might take," Thomas said. "So I want everyone to put their minds to that."

Monday's court date was initially set aside for a sentencing date, but that was beforeVader'sdefence teamfiled a motionfor a mistrial.

In his Sept. 15decision, Thomascited Section 230 of the Criminal Codeasection that was declared unconstitutional by the Supreme Court of Canadamore than 25 years ago.

It allowed for a finding of second-degreemurderif a killing occurred during the commission ofanother crime, such as robbery.

Thomas said in his ruling he found no evidenceVaderintended to kill theMcCanns.

Some legal experts believeThomas could find Vader guilty ofmanslaughter.

In his decision,Thomas said he believed Vader wasa desperate drug addict whocame across the McCannsin theirmotorhomein a rural area west of Edmonton in 2010,shot them during a robbery and torched their RV.

TheMcCanns, whowere in their 70s, were on a road trip when they disappeared. Their bodieshaven't beenfound.

Days and years: The long road to the Vader verdict

8 years ago

Duration 2:13

Travis Vader faces first-degree murder charges in the deaths of Lyle and Marie McCann. Six years after the couple was last seen, Judge Denny Thomas will declare a verdict on the morning of Sept. 15.