Conspiracy charges dropped, Chris Lysak, Jerry Morin released after agreeing to plea deals

From the Frontier Centre for Public Policy

” the Crown dropped conspiracy to commit murder of police, and mischief charges, against both Lysak and Morin. The Crown got a plea deal from Lysak and Morin on minor firearms charges. These charges the two pled guilty to were never part of the original indictment that prompted their arrests. “

Two of the four men at the Coutts blockade arrested in February 2022, accused of conspiracy to commit murder and mischief – Chris Lysak and Jerry Morin – are free men. They were released on February 6, 2024. They remained in custody in remand centres for 723 days. While in custody, Morin was in solitary confinement for 74 days.

After relying on legal aid lawyers with little results, in November 2023 Lysak crowdfunded for better counsel. His new lawyer Daniel Song brought a section 8 charter application to examine the Crown’s case against his client. Suddenly, the Crown dropped conspiracy to commit murder of police, and mischief charges, against both Lysak and Morin. The Crown got a plea deal from Lysak and Morin on minor firearms charges. These charges the two pled guilty to were never part of the original indictment that prompted their arrests.

Lysak and Morin are now reunited with their families and will begin the long journey to rebuild their lives. Both are fathers. Morin is a lineman and Chris Lysak is an electrician.

Lysak pled guilty to improper storage of a firearm which was properly registered under his name and legally purchased. The Crown also dropped charges against Chris Lysak for uttering threats.

Though the RCMP released a shocking photo of a stash of weapons around a table with an RCMP cruiser in the background, the majority of weapons on display turned out to have no connection to any of the four men arrested on conspiracy to commit murder charges. The RCMP photo was taken before Jerry Morin was arrested west of Calgary around noon on February 14, 2022. Morin was on the way to work for a rancher on a farm when he was arrested by a SWAT team.

These men were in deteriorating health and facing financial ruin. And the Crown knew this. Once they pled guilty to the minor charges, they were free men.

Dropping conspiracy to commit murder of police officer charges by the Crown is significant. News of the arrests was pointed to in the Rouleau Report as key to its justifying invocation of the Emergencies Act on February 14, 2022, by the Liberal government. Now that these charges are dropped it appears the Crown and the RCMP never had evidence to convict the accused of conspiracy to commit murder. Instead, they put them through gruelling custody in remand centres, hoping to break them. The decision to deny them bail for nearly two years was politically motivated. They were deemed too dangerous to be granted bail on one day. Then on the next they were released and deemed no threat to the public.

Lysak and Morin refused earlier offers to plea guilty. But after two years the strain of the whole ordeal led them to agree to a coerced confession to new charges in order to survive.

The plea deal was struck in a courtroom outside of the courtroom where the pre-trial motions were set to begin at 10 AM on February 6. The dropping of serious charges and confession to new minor firearms charges, and release of these two men came as a surprise.

A friend of Chris Lysak, Fort Macleod councillor Marco Van Huigenbos, said “723 days pretrial is a travesty of justice in Canada, and it has to be treated as such. There has to be a full inquiry into these prosecutions.”

Is all that is required to deny bail for those accused of serious crimes to argue that their release will undermine confidence in the justice system? The justice system is not immune from corruption or politicization. What confidence can citizens have in it? It appears lawfare is alive and well in Canada. The case of the Coutts Four shows that the Crown have the power to lay serious charges against citizens and let them linger for years in custody without bail or trial.

Is all that is required to make the Crown walk back charges of conspiracy to commit murder a smart lawyer who knows how to make a section 8 charter application?

On January 15 Chris Carbert was denied bail for the second time. The lawyer who successfully represented Chris Lysak, Daniel Song, is now being considered to represent Chris Carbert (along with his existing lawyer) at the upcoming February 20 court hearing. The remaining ‘Coutts Two’ – Chris Carbert and Tony Olienick – will be at that hearing. Olienick has just hired a new lawyer who needs to get up to speed on the details of the case.

Is the Crown now proceeding with a charge of conspiracy to commit murder against Carbert and Olienick, when it has conceded that Lysak and Morin were not part of a conspiracy? Carbert and Olienick are scheduled to stand trial in June.

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

Watch Ray McGinnis on Leaders on the Frontier here. September 27, 2023 (70 minutes)

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Alberta awash in corporate welfare

Published on July 26, 2024

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From the Fraser Institute

By Matthew Lau

To understand Ottawa’s negative impact on Alberta’s economy and living standards, juxtapose two recent pieces of data.

First, in July the Trudeau government made three separate “economic development” spending announcements in Alberta, totalling more than $80 million and affecting 37 different projects related to the “green economy,” clean technology and agriculture. And second, as noted in a new essay by Fraser Institute senior fellow Kenneth Green, inflation-adjusted business investment (excluding residential structures) in Canada’s extraction sector (mining, quarrying, oil and gas) fell 51.2 per cent from 2014 to 2022.

The productivity gains that raise living standards and improve economic conditions rely on business investment. But business investment in Canada has declined over the past decade and total economic growth per person (inflation-adjusted) from Q3-2015 through to Q1-2024 has been less than 1 per cent versus robust growth of nearly 16 per cent in the United States over the same period.

For Canada’s extraction sector, as Green documents, federal policies—new fuel regulations, extended review processes on major infrastructure projects, an effective ban on oil shipments on British Columbia’s northern coast, a hard greenhouse gas emissions cap targeting oil and gas, and other regulatory initiatives—are largely to blame for the massive decline in investment.

Meanwhile, as Ottawa impedes private investment, its latest bundle of economic development announcements underscores its strategy to have government take the lead in allocating economic resources, whether for infrastructure and public institutions or for corporate welfare to private companies.

Consider these federally-subsidized projects.

A gas cloud imaging company received $4.1 million from taxpayers to expand marketing, operations and product development. The Battery Metals Association of Canada received $850,000 to “support growth of the battery metals sector in Western Canada by enhancing collaboration and education stakeholders.” A food manufacturer in Lethbridge received $5.2 million to increase production of plant-based protein products. Ermineskin Cree Nation received nearly $400,000 for a feasibility study for a new solar farm. The Town of Coronation received almost $900,000 to renovate and retrofit two buildings into a business incubator. The Petroleum Technology Alliance Canada received $400,000 for marketing and other support to help boost clean technology product exports. And so on.

When the Trudeau government announced all this corporate welfare and spending, it naturally claimed it create economic growth and good jobs. But corporate welfare doesn’t create growth and good jobs, it only directs resources (including labour) to subsidized sectors and businesses and away from sectors and businesses that must be more heavily taxed to support the subsidies. The effect of government initiatives that reduce private investment and replace it with government spending is a net economic loss.

As 20th-century business and economics journalist Henry Hazlitt put it, the case for government directing investment (instead of the private sector) relies on politicians and bureaucrats—who did not earn the money and to whom the money does not belong—investing that money wisely and with almost perfect foresight. Of course, that’s preposterous.

Alas, this replacement of private-sector investment with public spending is happening not only in Alberta but across Canada today due to the Trudeau government’s fiscal policies. Lower productivity and lower living standards, the data show, are the unhappy results.

Author:

Matthew Lau

Adjunct Scholar, Fraser Institute

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‘Fireworks’ As Defence Opens Case In Coutts Two Trial

Published on July 25, 2024

Todayville

From the Frontier Centre for Public Policy

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.