Alberta
Coutts Three verdict: A warning to protestors who act as liaison with police
From the Frontier Centre for Public Policy
By Ray McGinnis
During the trial numbers of RCMP officers conceded that the Coutts Three were helpful in their interactions with the law. As well, there didn’t seem to be any truth to the suggestion that Van Huigenbos, Van Herk and Janzen were leaders of the protest.
Twelve jurors have found the Coutts Three guilty of mischief over $5,000 at a courthouse in Lethbridge, Alberta. Marco Van Huigenbois, Alex Van Herk and George Janzen will appear again in court on July 22 for sentencing.
Van Huigenbois, Van Herk and Janzen were each protesting at the Coutts Blockade in 2022. A blockade of Alberta Highway 4 began on January 29, 2022, blocking traffic, on and off, on Alberta Highway 4 near the Coutts-Sweetgrass Canada-USA border crossing. The protests were in support of the Freedom Convoy protests in Ottawa.
Protests began due to the vaccine mandates for truckers entering Canada, and lockdowns that bankrupted 120,000 small businesses. Government edicts were purportedly for “public health” to stop the spread of the C-19 virus. Yet the CDC’s Dr. Rachel Wallensky admitted on CNN in August 2021 the vaccine did not prevent infection or stop transmission.
By February 2022, a US court forced Pfizer to release its “Cumulative Analysis of Post-Authorization Adverse Event Reports” revealing the company knew by the end of February, 2021, that 1,223 people had a “case outcome” of “fatal” as a result of taking the companies’ vaccine.
On the day of February 14, 2022, the three men spoke to Coutts protesters after a cache of weapons had been displayed by the RCMP. These were in connection with the arrest of the Coutts Four. Van Huigenbos and others persuaded the protesters to leave Coutts, which they did by February 15, 2022.
During the trial numbers of RCMP officers conceded that the Coutts Three were helpful in their interactions with the law. As well, there didn’t seem to be any truth to the suggestion that Van Huigenbos, Van Herk and Janzen were leaders of the protest.
RCMP officer Greg Tulloch testified that there were a number of “factions” within the larger protest group. These factions had strong disagreements about how to proceed with the protest. The Crown contended the Coutts Three were the leaders of the protest.
During his testimony, Tulloch recalled how Van Huigenbos and Janzen assisted him in getting past the “vehicle blockade to enter Coutts at a time during the protest when access to Coutts from the north via the AB-4 highway was blocked.” Tulloch also testified that Janzen and Van Huigenbos helped with handling RCMP negotiations with the protesters. Tulloch gave credit to these two “being able to help move vehicles at times to open lanes on the AB-4 highway to facilitate the flow of traffic in both directions.”
During cross examination by George Janzen’s lawyer, Alan Honner, Tulloch stated that he noticed two of the defendants assisting RCMP with reopening the highway in both directions. Honner said in summary, “[Marco Van Huigenbos and George Janzen] didn’t close the road, they opened it.”
Mark Wielgosz, an RCMP officer for over twenty years, worked as a liaison between law enforcement and protesters at the Coutts blockade. Taking the stand, he concurred that there was sharp disagreement among the Coutts protesters and the path forward with their demonstration. Rebel News video clips “submitted by both the Crown and defence teams captured these disagreements as demonstrators congregated in the Smuggler’s Saloon, a location where many of the protesters met to discuss and debate their demonstration.” Wielgosz made several attempts to name the leaders of the protest in his role as a RCMP liaison with the protesters, but was unsuccessful.”
However, the Crown maintained that the protest unlawfully obstructed people’s access to property on Highway 4.
Canada’s Criminal Code defines mischief as follows in Section 430:
Every one commits mischief who willfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
Robert Kraychik reported that “RCMP Superintendent Gordon Corbett…cried (no comment on the sincerity of this emoting) while testifying about a female RCMP officer that was startled by the movement of a tractor with a large blade during the Coutts blockade/protest.” This was the climax of the trial. A tractor moving some distance away from an officer in rural Alberta, with blades. The shock of it all.
No evidence was presented in the trial that Van Huigenbos, Van Herk and Janzen destroyed or damaged property. Officers testified they couldn’t identify who the protest leaders were. They testified the defendants assisted with opening traffic lanes, and winding down the protest.
By volunteering to liaise with the RCMP, the Crown depicted the Coutts Three as the protest leaders. Who will choose to volunteer at any future peaceful, non-violent, protest to act as a liaison with the policing authorities? Knowing of the verdict handed down on April 16, 2024, in Lethbridge?
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.
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:
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.
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