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Frontier Centre for Public Policy

The Worrisome Wave of Politicized Prosecutions

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19 minute read

Unusual punishment: The 2022 truckers’ protest at the Coutts, Alberta border crossing (top) led to charges against four men (bottom left to right), Chris Carbert, Tony Olienick, Jerry Morin and Chris Lysak; Morin and Lysak were held in custody for almost two years while the other two are still in prison. (Sources of photos: (top) The Canadian Press/Jeff Mcintosh; (bottom) CBC)

From the C2C Journal

By Gwyn Morgan

Shaping criminal charges, bail decisions or prison sentences around an accused person’s political or religious beliefs is utterly odious – a hallmark of tinpot tyrannies and totalitarian hellholes. Such practices have no place in any constitutional nation, let alone a mature democracy that presents itself as a model to the world. But that is increasingly the situation in Canada, writes Gwyn Morgan. Comparing the treatment of protesters accused of minor infractions to those of incorrigible criminals who maim and kill, Morgan finds a yawning mismatch that suggests political motivations are increasingly a factor in today’s criminal justice system.

On January 29, 2022, a small convoy of trucks headed down to the U.S. border crossing at Coutts, Alberta to join in the nationwide protests against the Covid-19 vaccine mandate that the Justin Trudeau government had recently imposed on cross-border truckers – the very people Trudeau had previously described as “heroes” for delivering food and other essentials in the depths of the pandemic. Joined by many locals in pickup trucks and farm machinery, the truckers’ border protest turned into a full-scale blockade that would last 17 days. Just as it appeared to be settling into an extended stalemate, heavily armed police tactical teams swooped down upon several locations and arrested 14 protesters, charging four with the ominous crimes of conspiracy to commit murder (of police officers), mischief, a raft of weapons offences and uttering threats. These were bewildering accusations given the overall context of the event.

As the blockade almost instantly dissolved given that none of the protesters wanted to be linked to potentially violent offenders, the four men – Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick – were locked away. Lysak and Morin spent 723 days – nearly two years – in pre-trial custody, 74 of which Morin was kept in solitary confinement. Finally, after their new lawyer, Daniel Song, filed a Charter of Rights and Freedoms application demanding that the courts re-examine the case, the Crown suddenly accepted a plea deal on much lesser firearms charges. One month ago – on February 6 – Morin and Lysak were abruptly released. But they had already served the equivalent of a typical sentence for a serious crime in Canada – manslaughter or assault, say. Hard-working tradesmen with young families, Morin and Lysak will never get those two years back. Carbert and Olienick remain in prison and still face the full raft of charges; their trial is to begin in May.

Contrast this with the recent case of a mother and daughter – Carolann Robillard and Sara Miller, 11 – who were fatally stabbed in a horrific random attack outside an Edmonton school. Their accused killer, Muorater Arkangelo Mashar, had a long criminal record of assaults, assault with a weapon and robbery; he had been released from custody 18 days prior to the murders. Such events are no longer exceptions in Canada’s criminal justice system. They’re not cases of someone “falling through the cracks” – getting out due to a glitch or individual act of incompetence. They are routine. This is how things are now done in Canada. Vancouver police, for example, catch and release the same criminal offenders over and over, sometimes close to 100 times, because they always make bail.

By contrast, the four Coutts protesters were repeatedly denied bail despite having no criminal records. For this reason, social media users raised the possibility that they were, in effect, political prisoners being persecuted for having stood up so defiantly against the vaccine mandate and embarrassing Trudeau. Just a week or so following their arrests, over 3,000 km away on Parliament Hill, the Trudeau government moved against a peaceful protest that was breaking no significant laws other than, possibly, some municipal noise ordnances and parking bylaws. Police arrested and incarcerated four prominent protesters whom there was no credible basis to imprison and hold without bail. Of the four, Chris Barber was released within a day. Pat King and George Billings, however, were denied bail despite facing only minor mischief charges; they would spend months in jail. Billings eventually pled guilty to one charge and was released, while King’s trial has yet to begin.

Political prisoners: At the Freedom Convoy protest in Ottawa (top), police arrested (bottom left to right) Chris Barber, Pat King and George Billings; Barber was released but King and Billings were denied bail despite facing only minor mischief charges. (Sources of photos: (top) Maksim Sokolov (Maxergon), licensed under CC BY-SA 4.0; (bottom left) Public Order Emergency Commission; (bottom middle) Calgary Herald; (bottom right) The South Peace News)

The treatment of the fourth prominent protester was especially egregious. The day before police wielding the draconian powers of the federal Emergencies Act moved in to forcibly break up and disperse the Ottawa protesters from Parliament Hill and Wellington Street, they arrested a woman who had journeyed across the country to serve as co-organizer and spokesperson for the protesting truckers. Tamara Lich, a Métis grandmother from Alberta, was criminally charged with “one count each of mischief, intimidation, obstructing a highway and obstructing a police officer, as well as five counts of counselling others to commit those same charges.” It’s hard to imagine how this petite, soft-spoken woman could “obstruct police or intimidate” anyone. Handcuffed between two towering federal police officers, Lich was placed in solitary confinement in a dungeon-like cell with a tiny window 5 metres above her head.

Section 515 of the Criminal Code of Canada covers Judicial Interim Release – the formal term for bail – and states in part: “…the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.” The Criminal Code also specifies that bail should be granted with the fewest conditions possible and should consider the person’s background, criminal record and any threat their release might pose to the public.

Lich spent two weeks in jail and was then released under strict and stifling bail conditions that went beyond what is typically imposed even on accused bank robbers or murderers, including a prohibition against using social media and orders not to communicate with anyone associated with the convoy. That summer, the Justice Centre for Constitutional Freedoms selected Lich as the 2022 recipient of its annual George Jonas Freedom Award “in recognition of her outstanding dedication to the cause of freedom.” At the awards ceremony in Toronto, Lich was photographed with another person associated with the convoy. She was then rearrested in Alberta, handcuffed and shackled, and flown back to Ottawa. She spent another 30 days in prison before again being released on bail after a different judge ruled that there had been “no significant interaction” at the awards ceremony – though the judge did not strike any of the oppressive bail conditions themselves.

Convoy organizer Tamara Lich, a Métis grandmother from Alberta, was put in solitary confinement on charges of mischief and “intimidation” then released with draconian bail restrictions; she was later re-arrested after a gala in Toronto (right) and sent back to jail for 30 days. (Sources of photos: (left) X; (right) Facebook/Stacey Kauder)

Around the same time, Randall McKenzie, a habitual offender charged with weapons violations and assaulting a police officer, was set free with no conditions other than periodically reporting to his parole officer. On December 27, 2022, Ontario Provincial Police Constable Greg Pierzchala was murdered in an ambush-style attack; McKenzie and his girlfriend stand accused of the horrific crime. Again, such events now occur with sickening regularity. Just three months previously, habitual violent offender Myles Sanderson went on one of Canada’s worse-ever rampages, stabbing 10 people to death, including his own brother, and wounding another 18 on the James Smith Cree Nation in Saskatchewan. Over the years Sanderson had racked up the impossible-sounding total of 125 criminal charges plus numerous parole violations, but had been again let out because a parole board member deemed he “will not present an undue risk to society.”

In stark contrast to the treatment of freedom protesters, hardened criminals such as (left to right) Muorater Arkangelo Mashar, Randall McKenzie and Myles Sanderson have been routinely set free with no enforcement of their bail conditions, and then go on to commit more horrific crimes. (Sources of photos: (left to right) Global NewsThe Hamilton SpectatorCBC)

In contrast to Mashar, McKenzie, Sanderson and many hundreds of other criminals, it is inconceivable that Tamara Lich could be considered a risk to anyone. She has no criminal record. And under Canada’s warped justice system her Indigenous background should have worked to her advantage in providing even lighter than normal treatment. Lich would probably recoil at asking for such a thing, but the Crown and court are obliged to consider it.

All of that went out the window in Lich’s case, however. In opposing bail at one of her several such hearings, Crown Prosecutor Moiz Karimjee told the judge the government might well seek a prison sentence of 10 years – something never previously imposed in Canada for a mischief charge and fully in keeping with sentences for murder, bank robbery or violent sexual assault. It is difficult to avoid concluding that people in high office wanted the court to teach Lich and the others a lesson – and send a message to dissidents across the country.

Whether or not there has been direct political interference, Canada’s justice system is no longer entirely trustworthy. Just two months after the forcible takedown of the Ottawa protests, no less a figure than Richard Wagner, Chief Justice of the Supreme Court of Canada, described the Freedom Convoy protest as “the beginning of anarchy where some people have decided to take other citizens hostage.” It was a grotesque exaggeration, but it wasn’t all that Canada’s highest-ranked impartial jurist had to say. “Forced blows against the state, justice and democratic institutions like the one delivered by protesters,” he declared, “should be denounced with force by all figures of power in the country.” Who outside a dictatorship even talks that way?

Supreme Court Chief Justice Richard Wagner speaks during a welcoming ceremony, Thursday, October 28, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Lich’s trial, together with that of convoy co-organizer Barber, finally began last September in the Ontario Court of Justice. It was expected to finish by mid-October but has been taking much longer. After adjourning in December, it resumed in January but was interrupted again after one day. Further hearings are to be held this week. The completion date is uncertain due to limited court time and the tenacious, tireless defence by the formidable Lawrence Greenspon, which appears to have rattled the prosecution.

Tamara Lich, Pat King, George Billings, Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick have spent a cumulative total of more than 3,200 days in jail – nearly 9 years – and this total will climb further because two of them remain in prison awaiting trial. Meanwhile, Canada’s bail laws continue to allow violent habitual offenders loose after just a few days in custody, while the parole system leaks like a poisonous sieve.

One of the cornerstones separating a democracy from a dictatorship is the prohibition of government interference in the judicial process. But in 2013, the then-aspiring political leader Justin Trudeau stated, “There is a level of admiration I actually have for China[’s]…basic dictatorship.” Even worse, Trudeau named China as the government he admired most in the world. Since then, Canadians have been given reason to believe he meant this literally.

Punishing dissent: The treatment of the freedom protesters under Justin Trudeau’s government seems disturbingly similar to the behaviour of totalitarian regimes in China, Russia and the former Soviet Bloc. Shown at top, Chinese Christians (left) and Uyghur inmates (right) jailed in China; at bottom, political dissidents in Russia (left) and Kazakhstan (right). (Sources of photos: (top right) The Guardian; (bottom left) Ilya Pitalev/RIA Novosti; (bottom right) Epa-Efe/Igor Kovalenko)

Given the facts at hand, given the Prime Minister’s venomous rhetoric against his opponents, given his repeated ethical lapses, and given that he has interfered in at least one prosecution before, it is hard to escape the conclusion that Lich and the others are political prisoners being persecuted at the behest of the Trudeau government. Whether this is due to key players in the justice system reading the implicit signals and acting accordingly, or due to direct interference, we cannot say – and might never know for sure. Either way, Canadians should be revolted. One thing we do know: news of yet another murder or egregious assault by a violent offender out on bail will come all too soon.

Gwyn Morgan is a retired business leader who was a director of five global corporations.

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Frontier Centre for Public Policy

New Book Warns The Decline In Marriage Comes At A High Cost

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From the Frontier Centre for Public Policy

By Travis D. Smith

Travis Smith reviews I… Do? by Andrea Mrozek and Peter Jon Mitchell, showing that marriage is a public good, not just private choice, arguing culture, not politics, must lead any revival of this vital institution.

Andrea Mrozek and Peter Jon Mitchell, in I… Do?, write that the fading value of marriage is a threat to social stability

I… Do? by Andrea Mrozek and Peter Jon Mitchell manages to say something both obvious and radical: marriage matters. And not just for sentimental reasons. Marriage is a public good, the authors attest.

The book is a modestly sized but extensively researched work that compiles decades of social science data to make one central point: stable marriages improve individual and societal well-being. Married people are generally healthier, wealthier and more resilient. Children from married-parent homes do better across almost every major indicator: academic success, mental health, future earnings and reduced contact with the justice system.

The authors refer to this consistent pattern as the “marriage advantage.” It’s not simply about income. Even in low-income households, children raised by married parents tend to outperform their peers from single-parent families. Mrozek and Mitchell make the case that marriage functions as a stabilizing institution, producing better outcomes not just for couples and kids but for communities and, by extension, the country.

While the book compiles an impressive array of empirical findings, it is clear the authors know that data alone can’t fix what’s broken. There’s a quiet but important concession in these pages: if statistics alone could persuade people to value marriage, we would already be seeing a turnaround.

Marriage in Canada is in sharp decline. Fewer people are getting married, the average age of first marriage continues to climb, and fertility rates are hitting historic lows. The cultural narrative has shifted. Marriage is seen less as a cornerstone of adult life and more as a personal lifestyle choice, often put off indefinitely while people wait to feel ready, build their careers or find emotional stability.

The real value of I… Do? lies in its recognition that the solutions are not primarily political. Policy changes might help stop making things worse, but politicians are not going to rescue marriage. In fact, asking them to may be counterproductive. Looking to politicians to save marriage would involve misunderstanding both marriage and politics. Mrozek and Mitchell suggest the best the state can do is remove disincentives, such as tax policies and benefit structures that inadvertently penalize marriage, and otherwise get out of the way.

The liberal tradition once understood that family should be considered prior to politics for good reason. Love is higher than justice, and the relationships based in it should be kept safely outside the grasp of bureaucrats, ideologues, and power-seekers. The more marriage has been politicized over recent decades, the more it has been reshaped in ways that promote dependency on the impersonal and depersonalizing benefactions of the state.

The book takes a brief detour into the politics of same-sex marriage. Mrozek laments that the topic has become politically untouchable. I would argue that revisiting that battle is neither advisable nor desirable. By now, most Canadians likely know same-sex couples whose marriages demonstrate the same qualities and advantages the authors otherwise praise.

Where I… Do? really shines is in its final section. After pages of statistics, the authors turn to something far more powerful: culture. They explore how civil society—including faith communities, neighbourhoods, voluntary associations and the arts can help revive a vision of marriage that is compelling, accessible and rooted in human experience. They point to storytelling, mentorship and personal witness as ways to rebuild a marriage culture from the ground up.

It’s here that the book moves from description to inspiration. Mrozek and Mitchell acknowledge the limits of top-down efforts and instead offer the beginnings of a grassroots roadmap. Their suggestions are tentative but important: showcase healthy marriages, celebrate commitment and encourage institutions to support rather than undermine families.

This is not a utopian manifesto. It’s a realistic, often sobering look at how far marriage has fallen off the public radar and what it might take to put it back. In a political climate where even mentioning marriage as a public good can raise eyebrows, I… Do? attempts to reframe the conversation.

To be clear, this is not a book for policy wonks or ideologues. It’s for parents, educators, community leaders and anyone concerned about social cohesion. It’s for Gen Xers wondering if their children will ever give them grandchildren. It’s for Gen Zers wondering if marriage is still worth it. And it’s for those in between, hoping to build something lasting in a culture that too often encourages the opposite.

If your experiences already tell you that strong, healthy marriages are among the greatest of human goods, I… Do? will affirm what you know. If you’re skeptical, it won’t convert you overnight, but it might spark a much-needed conversation.

Travis D. Smith is an associate professor of political science at Concordia University in Montreal. This book review was submitted by the Frontier Centre for Public Policy.

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Carbon Tax

Canada’s Carbon Tax Is A Disaster For Our Economy And Oil Industry

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From the Frontier Centre for Public Policy

By Lee Harding

Lee Harding exposes the truth behind Canada’s sky-high carbon tax—one that’s hurting our oil industry and driving businesses away. With foreign oil paying next to nothing, Harding argues this policy is putting Canada at a major economic disadvantage. It’s time to rethink this costly approach.

Our sky-high carbon tax places Canadian businesses at a huge disadvantage and is pushing investment overseas

No carbon tax will ever satisfy global-warming advocates, but by most measures, Canada’s carbon tax is already too high.

This unfortunate reality was brought to light by Resource Works, a B.C.-based non-profit research and advocacy organization. In March, one of their papers outlined the disproportionate and damaging effects of Canada’s carbon taxes.

The study found that the average carbon tax among the top 20 oil-exporting nations, excluding Canada, was $0.70 per tonne of carbon emissions in fiscal 2023. With Canada included, that average jumps to $6.77 per tonne.

At least Canada demands the same standards for foreign producers as it does for domestic ones, right? Wrong.

Most of Canada’s oil imports come from the U.S., Saudi Arabia, and Nigeria, none of which impose a carbon tax. Only 2.8 per cent of Canada’s oil imports come from the modestly carbon-taxing countries of the U.K. and Colombia.

Canada’s federal consumer carbon tax was $80 per tonne, set to reach $170 by 2030, until Prime Minister Mark Carney reduced it to zero on March 14. However, parallel carbon taxes on industry remain in place and continue to rise.

Resource Works estimates Canada’s effective carbon tax at $58.94 per tonne for fiscal 2023, while foreign oil entering Canada had an effective tax of just $0.30 per tonne.

“This results in a 196-fold disparity, effectively functioning as a domestic tariff against Canadian oil production,” the research memo notes. Forget Donald Trump—Ottawa undermines our country more effectively than anyone else.

Canada is responsible for 1.5 per cent of global CO2 emissions, but the study estimates that Canada paid one-third of all carbon taxes in 2023. Mexico, with nearly the same emissions, paid just $3 billion in carbon taxes for 2023-24, far less than Canada’s $44 billion.

Resource Works also calculated that Canada alone raised the global per-tonne carbon tax average from $1.63 to $2.44. To be Canadian is to be heavily taxed.

Historically, the Canadian dollar and oil and gas investment in Canada tracked the global price of oil, but not anymore. A disconnect began in 2016 when the Trudeau government cancelled the Northern Gateway pipeline and banned tanker traffic on B.C.’s north coast.

The carbon tax was introduced in 2019 at $15 per tonne, a rate that increased annually until this year. The study argues this “economic burden,” not shared by the rest of the world, has placed Canada at “a competitive disadvantage by accelerating capital flight and reinforcing economic headwinds.”

This “erosion of energy-sector investment” has broader economic consequences, including trade balance pressures and increased exchange rate volatility.

According to NASA, Canadian forest fires released 640 million metric tonnes of carbon in 2023, four times the amount from fossil fuel emissions. We should focus on fighting fires, not penalizing our fossil fuel industry.

Carney praised Canada’s carbon tax approach in his 2021 book Value(s), raising questions about how long his reprieve will last. He has suggested raising carbon taxes on industry, which would worsen Canada’s competitive disadvantage.

In contrast, Conservative leader Pierre Poilievre argued that extracting and exporting Canadian oil and gas could displace higher-carbon-emitting energy sources elsewhere, helping to reduce global emissions.

This approach makes more sense than imposing disproportionately high tax burdens on Canadians. Taxes won’t save the world.

Lee Harding is a research fellow for the Frontier Centre for Public Policy.

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