Six years after an elderly St. Albert couple vanished, and after a lengthy trial, the suspect in the slaying of that couple was convicted of second degree murder in their deaths.

In an Edmonton courtroom Thursday, Justice Denny Thomas delivered his verdict in the trial – after reading his decision, he told the court that he had concluded, beyond a reasonable doubt, that Travis Vader killed Lyle and Marie McCann.

Vader was charged and on trial for two counts of first-degree murder, and had pleaded not guilty to both charges.

While Justice Thomas concluded Vader killed the McCanns, he said there was not enough evidence to say he planned it.

“I cannot conclude beyond a reasonable doubt that Mr. Vader killed the McCanns in a planned and deliberate manner,” Thomas said.

“The killing of the McCanns was not a first-degree murder. It is therefore a second-degree murder.”

The conviction comes with an automatic life sentence, but a hearing needs to be held to determine Vader’s eligibility for parole – Thomas said court would be re-convened later Thursday.

The bodies of the couple, who were both in their late 70s, have never been found. The couple vanished after leaving their St. Albert on a road trip to B.C. on July 3, 2010 – they were in an RV, towing a small SUV.

The vehicle and the couple’s burned-out RV were discovered west of Edmonton in the days after they vanished.

In his judgement, Justice Thomas described Vader’s motivation, when he encountered the couple at a campground, was to rob them because he had no money, no food, and was addicted to drugs.

“The McCanns and their property were likely nothing more than a target of opportunity – an opportunity that Mr. Vader took.”

Defence lawyer responds, plans to appeal

Vader’s Lawyer, Brian Beresh, said outside of court after the decision that he was disappointed, and said he plans to appeal.

“I am surprised yes, knowing all the evidence I’m very surprised by it,” Beresh said.

“We think that it’s an error that in this case the court didn’t reconstruct what occurred, but simply, from our quick review of it, just said ‘that must have happened’.”

A legal analyst pointed to what he called an error – the judge’s definition of why he found Vader guilty of murder, over a lesser charge of manslaughter.

Justice Thomas cited Section 230 of the Criminal Code of Canada in his judgement – and that section of the Criminal Code referenced was found unconstitutional in 1990.

“You can’t find somebody guilty of murder unless there is proof beyond a reasonable doubt of intention,” analyst Ed Prutschi said. “Something we call subjective foresight of death, so demonstrating the person that did that death, who caused that death, knew that that death was likely, or at least foreseeable to happen.”

Prutschi said that issue gives the defence a greater chance of winning an appeal, and at the very least get Vader’s charge downgraded.

“It could be the difference between life in prison and perhaps 10 to 20 years in jail when you factor in parole,” Prutschi said.

Beresh told CTV News Thursday that a notice of appeal, specifically on Section 230, would be filed Friday morning.

Pivotal day for McCann family

After the verdict, the McCann family left the courtroom, and the couple’s son Bret addressed the media outside.

“Six years later, we have to stand down,” Bret McCann said, surrounded by family members.

“I’m sorry mom and dad, I can do no more, I hope that someday, somehow, you will be found,” McCann continued. “I take joy in the legacy that you have left behind in your children, your grandchildren and your great grandchildren.

“Our memory of you will last forever.”

With files from CTV’s David Ewasuk, Bill Fortier and Breanna Karstens-Smith, and The Canadian Press