I'm truly hoping that the judge in this trial has a clear understanding of the law and that no mistakes are made as we saw in the Vader case. Garland needs to die in prison.
Amber Alert for Calgary boy, 5, who was last seen with grandparents
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I'm truly hoping that the judge in this trial has a clear understanding of the law and that no mistakes are made as we saw in the Vader case. Garland needs to die in prison.
The Judge had a clear understanding of the law and that was the problem. I want to know how the tough on crime Cons missed this........
Federal justice minister plans to review 'zombie laws' after Travis Vader trial
Canada's justice minister has promised to review a section of the Criminal Code that last fall forced an Edmonton judge to vacate Travis Vader's second-degree murder conviction in the killings of two Alberta seniors.
Vader was later found guilty of two counts of manslaughter. He was sentenced Wednesday to life in prison for killing Lyle and Marie McCann, a St. Albert couple last seen alive in 2010.
But the use of a so-called "zombie law" in Vader's original conviction nearly derailed the legal proceedings after the defence filed an appeal. The law had been declared unconstitutional but remained on the books and was cited by the judge in his ruling.
After a lengthy trial, Vader's defence lawyers were able to challenge his original second-degree murder conviction because the presiding judge relied on a section of the Criminal Code that had been deemed unconstitutional.
Section 230 allows for a murder verdict if a wrongful death occurs during the commission of another crime, such as robbery. But that section was found unconstitutional in 1990 by the Supreme Court of Canada.
The section, however, was never repealed from Canada's Criminal Code.
Vader's charge was reduced to manslaughter as a result of the legal error.
Bret McCann, the McCanns' eldest son, wants these so-called "zombie laws" abolished so they can't come back from the dead in future trials.
"This caused our family a tremendous amount of pain," McCann said Thursday in an interview with CBC Radio's Edmonton AM. "I think it's just terrible to leave all these things in there. If this has happened to our family, it's going to happen to some other family in the future."
McCann had been campaigning for the review since Vader's contested conviction was handed down in September by Justice Denny Thomas.
He wrote to Wilson-Raybould last fall, urging her to clear out a backlog of unconstitutional sections in the Criminal Code.
"The pain endured by my family because of this so-called 'zombie law' was enormous," McCann wrote in his letter.
"In my opinion, after having suffered the consequence of such laziness, I think that it is very important that effort be expended by the government to maintain the correctness and completeness of the Criminal Code."
Though relieved by the prospect of a review, McCann said he had reservations about the scope of the federal review. The laws can be removed from the books swiftly with an omnibus bill, he said, so there is no need for bureaucratic delay.
"And I'd like to know when this is going to occur," he said. "These unconstitutional items, a small set of them could be easily removed. But if this is made part of a larger revamp of the Criminal Code, it could take much longer."
Federal justice minister plans to review 'zombie laws' after Travis Vader trial - Edmonton - CBC News
What the Garland murder trial jury didn't hear:
His meth lab, identity theft and mental health issues
As a young man, he had aspirations to be a doctor. He attended medical school in Alberta for one year before suffering a mental breakdown, according to a Tax Court of Canada document.
But there is more to the story of Garland's failed attempt at med school, according to two former classmates who attended the University of Alberta at the same time as he did in 1987. Garland was suspected of cheating in his first few months in the program. One of his professors set him up on a test and caught him in the act, say the former classmates.
After being voted class president just months earlier, he was kicked out of medical school.
Garland faced criminal charges in the late '80s and '90s, but they were either stayed or withdrawn. Among them were two counts of possession of a prohibited weapon in 1988 and 1999 and an assault charge in 1989.
In 1992, RCMP busted an elaborate methamphetamine lab on the Airdrie farm where Garland lived with his parents. The 33-year-old was charged with drug trafficking and possession of stolen property.
He attended his first court appearance, but while out on bail he fled to British Columbia where he lived under a false identity for seven years.
He assumed the identify of Matthew Kemper Hartley, a 14-year-old boy who was killed in a car crash in 1980 in Cardston, Alta., according to a document from the Tax Court of Canada.
For much of the time he was in B.C., he worked at a private lab in Vancouver. After being fired, he collected unemployment benefits under the dead boy's name.
When it was later discovered that he had collected benefits using a false identity, he wound up in tax court where a judge described him as intelligent, but said he had attention deficit disorder and suffered from breakdowns.
Though jurors in the triple murder trial heard that documents with the name Matthew Kemper Hartley on them were found hidden in the basement rafters of Garland's home, prosecutors could not delve further into their significance.
Considered "bad character evidence," that type of information is inadmissible because of the danger it poses in swaying jurors and possibly biasing them toward conviction.
Garland returned to Calgary in 2000 after he was caught living in Vancouver and pleaded guilty to several of the charges in connection with the drug bust and stolen identity.
He told the court at the time he had been traumatized after causing what he described as a horrific accident after falling asleep behind the wheel years earlier.
The judge gave Garland a three-year sentence to be served in a federal prison.
The Parole Board of Canada released him after just six months.
Garland's mental health played a role in his crimes, board members said, and a psychologist determined that he had "little violence potential to others."
The board ordered that a psychologist and psychiatrist closely monitor him during his release.
What the Garland murder trial jury didn't hear: His meth lab, identity theft and mental health issues - Calgary - CBC News
His meth lab, identity theft and mental health issues
As a young man, he had aspirations to be a doctor. He attended medical school in Alberta for one year before suffering a mental breakdown, according to a Tax Court of Canada document.
But there is more to the story of Garland's failed attempt at med school, according to two former classmates who attended the University of Alberta at the same time as he did in 1987. Garland was suspected of cheating in his first few months in the program. One of his professors set him up on a test and caught him in the act, say the former classmates.
After being voted class president just months earlier, he was kicked out of medical school.
Garland faced criminal charges in the late '80s and '90s, but they were either stayed or withdrawn. Among them were two counts of possession of a prohibited weapon in 1988 and 1999 and an assault charge in 1989.
In 1992, RCMP busted an elaborate methamphetamine lab on the Airdrie farm where Garland lived with his parents. The 33-year-old was charged with drug trafficking and possession of stolen property.
He attended his first court appearance, but while out on bail he fled to British Columbia where he lived under a false identity for seven years.
He assumed the identify of Matthew Kemper Hartley, a 14-year-old boy who was killed in a car crash in 1980 in Cardston, Alta., according to a document from the Tax Court of Canada.
For much of the time he was in B.C., he worked at a private lab in Vancouver. After being fired, he collected unemployment benefits under the dead boy's name.
When it was later discovered that he had collected benefits using a false identity, he wound up in tax court where a judge described him as intelligent, but said he had attention deficit disorder and suffered from breakdowns.
Though jurors in the triple murder trial heard that documents with the name Matthew Kemper Hartley on them were found hidden in the basement rafters of Garland's home, prosecutors could not delve further into their significance.
Considered "bad character evidence," that type of information is inadmissible because of the danger it poses in swaying jurors and possibly biasing them toward conviction.
Garland returned to Calgary in 2000 after he was caught living in Vancouver and pleaded guilty to several of the charges in connection with the drug bust and stolen identity.
He told the court at the time he had been traumatized after causing what he described as a horrific accident after falling asleep behind the wheel years earlier.
The judge gave Garland a three-year sentence to be served in a federal prison.
The Parole Board of Canada released him after just six months.
Garland's mental health played a role in his crimes, board members said, and a psychologist determined that he had "little violence potential to others."
The board ordered that a psychologist and psychiatrist closely monitor him during his release.
What the Garland murder trial jury didn't hear: His meth lab, identity theft and mental health issues - Calgary - CBC News
GUILTY - on all three counts!
He should be given three life sentences to be served consecutively.
Absolutely and once a week given 20 lashes. That pig should never be allowed to get comfortable.
Justice prevailed today as the Judge handed down 3 consecutive life terms with no mitigating circumstances which means this piece of slime will rot in prison. Congratulations to the all the police forces, forensic teams, prosecution and the judge for all their hard work putting this man behind bars. Well done all.
Yep, my only concerns now are that he will get to eat "high on the hog" and have a comfortable warm bed, while watching television to his heart's content. He will also be put at the front of the line for any medical and dental procedures!
What a bunch of f**king hooey. The Licknesses and little Nathan were entitled to life and this F**ker should just count his lucky stars he is still breathing.