Canadian court convicts suspect of murder using law declared as unconstitutional

Defense lawyer of Travis Vader, Brian Beresh, announced his plan to make an appeal after the conviction for second degree murder by Justice Denny Thomas in Alberta, Canada on Friday morning.

He further added that he wanted to bring the appeal as soon as possible in Alberta Courts of Appeal.

It can be recalled that Travis Vadir, a drug dealer and a meth user, was accused for slaying the McCann couple, Lyle and Marie on Aug. 31, 2010, though their bodies were still not found.

Travis was still in jail during the day he was formally charged of first degree murder for crimes not related with the slaying.

Evidences of Travis possible commission of the crime was found by the Royal Canadian Mounted Police but it did not proved his guilt. On Oct. 8, 2014 Travis was released from prison for being acquitted with the charges not related with McCanns couple deaths.

But on Dec. 19, 2014, he was re-arrested for double first-degree murder of Lyle and Marie McCann. After almost two years of trial, he was convicted guilty by Justice Denny Thomas last Sept. 15 with second degree murder with an eligibility to parole within 10 -15 years.

Defense lawyer as well as legal experts expressed disagreement with the verdict.

"This is very, very surprising, I think even a shocking mistake, that it would happen in any case, let alone in a case of this kind of profile," said law professor Steven Penney.

Relying on Section 230 of Criminal Code 1:42 Justice Denny Thomas convicted Travis Vader. This conviction rose criticisms from legal community in Alberta as they were aware that the said Section was already declared unconstitutional by Supreme Court of Canada in 1990.

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