Lawyers for an Alberta man found guilty of killing two seniors who vanished six years ago have filed a motion for a mistrial.
Travis Vader was convicted in Edmonton court last week of second degree murder in the death of Lyle and Marie McCann.
But legal experts say Justice Denny Thomas made a major error in the verdict by referencing a section of the Criminal Code ruled unconstitutional.
The official document filed in court asks the judge to vacate his verdict and declare a mistrial.
The application will be heard October 3rd, when the judge is to set a sentencing date and determine whether Vader should undergo a psychiatric assessment.
Section 230 of the Criminal Code allows for a murder verdict if a wrongful death occurs during the commission of another crime such as a robbery, but in 1990 the Supreme Court ruled that section unconstitutional. However, it has never been repealed and remains in the Criminal Code.
Pictured – Travis Vader