The court case against the man named a suspect in the disappearance of Lyle and Marie McCann resumed Monday. Travis Vader's trial was set to get underway in the Town of Evansburg, but is now being delayed at the request of his lawyer. Vader's lawyer argues his client has been mistreated while in custody.

He is facing 16 charges unrelated to the missing St. Albert couple.

The charges include drug possession, firearms offences and resisting arrest. He was led into the courtroom Monday shackled at the feet and hands.

CTV News was outside the courtroom Monday, but Vader offered no comment to our reporter.

His lawyer has asked for a delay.

"Due to the defence needing more time to prepare evidence," said Daniel Mol.

Vader has never been charged in connection to the McCanns' disappearance, only named a suspect.

The McCanns were last seen back on July 3rd, 2010 when the couple left for a holiday in B.C. in their RV.

On July 5th, an Edson RCMP officer came across the couple's burning RV. On July 16th, their missing SUV was located.

During Vader's court appearance, his lawyer brought up allegations of mistreatment while his client is in custody.

"He's entitled to decent treatment in custody, so that's why we filed a charter notice along with the rest of our defence," said Mol.

Mol told reporters he will argue that Vader suffered "clear and serious violations of basic civil and human rights" while in jail. He also states "personal injury and excessive force, improper placement in solitary confinement and 23-hour daily lockup."

The four-page notice also alleges guards are being used to gather evidence against Vader.

"Prison authorities have furnish[ed] police with illegally obtained materials and take direction from police in dealing with [Vader].

He is set to be back in Evansburg court for trial on December 12th. The constitutional challenge will be heard at that time as well.

Mounties continue to investigate the disappearance of Lyle and Marie McCann, but they haven't charged anyone. The McCanns haven't been found.

With files from Simon Ostler