Alberta
‘Coutts Two’ Verdict: Bail and Mischief
Protesters demonstrating against COVID-19 mandates and restrictions gather as a truck convoy blocks the highway at the Canada-U.S. border crossing in Coutts, Alta., on Feb. 2, 2022. The Canadian Press/Jeff McIntosh
From the Frontier Centre for Public Policy
By Ray McGinnis
Imagine spending over two years behind bars, only to be told the evidence never supported the charges against you.
On Aug. 2, a Lethbridge jury found Chris Carbert and Tony Olienick not guilty of the most serious charge of conspiracy to commit murder of police officers. However, though they were declared innocent, the conspiracy charge was the basis for their being held in remand for at least 925 days. They were denied bail based on this charge.
The sentencing hearing for other charges against Carbert and Olienick is taking place this week.
Granting Bail Typical for Serious Offences
In Canada, when someone is charged with committing a crime, they’re released on bail. This includes those charged with murder. For example, in September 2021, 31-year-old Umar Zameer was released on bail after being charged with the first-degree murder of Toronto Police Constable Jeffrey Northrup.
A case of double murder in the city of Mission in B.C.’s Fraser Valley concerned the deaths of Lisa Dudley and her boyfriend Guthrie McKay. Tom Holden, accused of first-degree murder in the case, was released on bail.
Conditions for not Granting Bail
Why do we release people from custody after being charged with a crime? Why don’t we hold people indefinitely? It’s been a Canadian tradition that there’s a process in place to which we adhere. Does the person charged with a crime seem to present a risk of repeating an offence? Carbert and Olienick hadn’t previously committed the offence(s) they were charged with. They didn’t have any criminal records for any violence. So, the likelihood of repetition of offence didn’t apply.
Another reason for denying bail is flight risk. But the Crown agreed neither of these men posed a flight risk. If you’re not clear about the identity of the person you’ve arrested, you can hold them in custody. But the Crown and the RCMP were certain of the identity of these men.
How about denying bail for evidence protection? If let go, was it possible the Crown or RCMP would lose evidence, and they needed to keep Carbert and Olienick in remand? No.
Were Carbert or Olienick considered a danger to the public? No. They had no past history of committing violent crimes, so in the case of the Coutts Two this was not a reason to deny bail.
The Crown insisted the pair be denied bail because their release would undermine confidence in the judicial system. Due to the seriousness of the offences the pair were charged with, releasing them would put the legal system into disrepute. But this is a circular argument. In authoritarian countries, police may arrest citizens on serious charges they’re not guilty of and leave them in prison indefinitely.
Granting Bail Goes Back to Magna Carta
Since the Magna Carta was signed in 1215, western judicial institutions have allowed those charged with a crime to be presumed innocent until proven guilty. With that provision comes the right to bail and a speedy trial. When citizens are accused of a crime and left to rot in prison without having their day in court, their spirits can be broken and persuaded to agree to plead guilty even when they are innocent.
Unindicted Co-conspirators Never Interviewed
During the trial, the Crown repeatedly named a list of unindicted co-conspirators. Each had a licence to carry a weapon in public for years. None of them were ever searched. None of them were ever interviewed. None of the alleged co-conspirators received any communication from the RCMP, or other authorities, about their possible connection to a conspiracy to murder police officers. However, the list of names provided for some legal theatre in the court added to the ominous scale of the supposed conspiracy to murder police officers.
Intelligence
Former career police officer Vincent Gircys had standing in the Justice Mosley decision. The judge ruled in January 2024 that the government’s invocation of the Emergencies Act in February 2022 to end the convoy protests was unconstitutional.
After the Coutts Two verdict, Gircys was concerned about the intelligence. There was a disconnect between the conspiracy charge and the evidence the Crown brought to trial. Gircys stated, “It’s really important to find where that disconnect is. Because of faulty intelligence? False intelligence? Fabricated intelligence? The evidence that they (RCMP) do have would all be logged, gathered, and time-lined. And that goes to what evidence was not gathered? … How could that information have been laid in the first place? How could the Crown have proceeded with this case to begin with?”
The Coutts Two were found not guilty of conspiracy to commit murder. But by the time they are sentenced on the other charges this week, they will have spent at least 925 days in custody. What does this mean for innocent until proven guilty?
Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy. His forthcoming book is “Unjustified: The Emergencies Act and the Inquiry that Got It Wrong.”
“If Ottawa had it’s way Albertans would be left to freeze in the dark”
The ineffective federal net-zero electricity regulations will not reduce emissions or benefit Albertans but will increase costs and lead to supply shortages.
The risk of power outages during a hot summer or the depths of harsh winter cold snaps, are not unrealistic outcomes if these regulations are implemented. According to the Alberta Electric System Operator’s analysis, the regulations in question would make Alberta’s electricity system more than 100 times less reliable than the province’s supply adequacy standard. Albertans expect their electricity to remain affordable and reliable, but implementation of these regulations could increase costs by a staggering 35 per cent.
Canada’s constitution is clear. Provinces have exclusive jurisdiction over the development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. That is why Alberta’s government is referring the constitutionality of the federal government’s recent net-zero electricity regulations to the Court of Appeal of Alberta.
“The federal government refused to work collaboratively or listen to Canadians while developing these regulations. The results are ineffective, unachievable and irresponsible, and place Albertans’ livelihoods – and more importantly, lives – at significant risk. Our government will not accept unconstitutional net-zero regulations that leave Albertans vulnerable to blackouts in the middle of summer and winter when they need electricity the most.”
“The introduction of the Clean Electricity Regulations in Alberta by the federal government is another example of dangerous federal overreach. These regulations will create unpredictable power outages in the months when Albertans need reliable energy the most. They will also cause power prices to soar in Alberta, which will hit our vulnerable the hardest.”
Finalized in December 2024, the federal electricity regulations impose strict carbon limits on fossil fuel power, in an attempt to force a net-zero grid, an unachievable target given current technology and infrastructure. The reliance on unproven technologies makes it almost impossible to operate natural gas plants without costly upgrades, threatening investment, grid reliability, and Alberta’s energy security.
“Ottawa’s electricity regulations will leave Albertans in the dark. They aren’t about reducing emissions – they are unconstitutional, ideological activist policies based on standards that can’t be met and technology that doesn’t exist. It will drive away investment and punish businesses, provinces and families for using natural gas for reliable, dispatchable power. We will not put families at risk from safety and affordability impacts – rationing power during the coldest days of the year – and we will continue to stand up for Albertans.”
“Albertans depend on electricity to provide for their families, power their businesses and pursue their dreams. The federal government’s Clean Electricity Regulations threaten both the affordability and reliability of our power grid, and we will not stand by as these regulations put the well-being of Albertans at risk.”
Related information
- Conference Board of Canada socio-economic Impacts of Canada’s 2030 Emissions Reduction Plan – (April 2025)
- Alberta Electric System Operator’s position on Canadian Energy Regulations
Oh, Canada
We find it endlessly fascinating that most Canadians believe they live in a representative democracy, where aspiring candidates engage in authentic politicking to earn their place in office. So accustomed are Canada’s power brokers to getting their way, they rarely bother to cover their tracks. A careful reading of the notoriously pliant Canadian press makes anticipating future events in the country surprisingly straightforward.
Back in December, when Pierre Poilievre was given better than 90% odds of replacing Prime Minister Justin Trudeau—and Mark Carney was still just an uncharismatic banker few had heard of—we engaged in some not-so-speculative dot-connecting and correctly predicted Carney’s rise to the top spot. Our interest was driven by the notoriously rocky relationship between Ottawa and the Province of Alberta, home to one of the world’s largest hydrocarbon reserves, and how Carney’s rise might be a catalyst for resetting Canada’s energy trajectory. In a follow-up article titled “The Fix Is In,” we laid out a few more predictions:
“Here’s how the play is likely to unfold in the weeks and months ahead: Carney will be elected Prime Minister on April 28 by a comfortable margin; [Alberta Premier Danielle] Smith will trigger a constitutional crisis, providing cover for Carney to strike a grand bargain that finally resolves longstanding tensions between the provinces and Ottawa; and large infrastructure permitting reform will fall into place. Protests against these developments will be surprisingly muted, and those who do take to the streets will be largely ignored by the media. The entire effort will be wrapped in a thicket of patriotism, with Trump portrayed as a threat even greater than climate change itself. References to carbon emissions will slowly fade…
In parallel, we expect Trump and Carney to swiftly strike a favorable deal on tariffs, padding the latter’s bona fides just as his political capital will be most needed.”
The votes have barely been counted, yet the next moves are already unfolding…
“Alberta Premier Danielle Smith says she’ll make it easier for citizens to initiate a referendum on the province’s future in Canada, after warning that a Liberal win in Monday’s election could spur a groundswell of support for Alberta separatism. Smith said on Tuesday that a newly tabled elections bill will give everyday Albertans a bigger say in the province’s affairs.
‘(We’re giving) Albertans more ways to be directly involved in democracy, and to have their say on issues that matter to them,’ Smith told reporters in Edmonton.
If passed, the new law would dramatically lower the number of signatures needed to put a citizen-proposed constitutional referendum question on the ballot, setting a new threshold of 10 per cent of general election turnout — or just over 175,000, based on Alberta’s last provincial election in 2023.”
“US President Donald Trump said on Wednesday that Canadian Prime Minister Mark Carney is looking to make a trade deal and will visit the White House within the next week. Trump said he congratulated Carney on his election victory when the Canadian leader called on Tuesday.
‘He called me up yesterday – he said let’s make a deal,’ Trump told reporters at the White House after a televised Cabinet meeting.”
Remember where you read it first.
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