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.”
Alberta
Yes Alberta has a spending problem. But it has solutions too

From the Fraser Institute
By Tegan Hill and Milagros Palacios
The Smith government’s recent fiscal update sparked concerns as once again the province has swung from budget surpluses to a budget deficit. To balance the budget, Finance Minister Nate Horner has committed to address the spending side and will “look under every stone” before considering the revenue side, and this is the right approach. Alberta’s fiscal challenges are a spending problem, not a revenue problem.
For perspective, if program spending had grown by inflation and population over the past two decades, it would be $55.6 billion in 2025/26 rather than the actual $76.4 billion. So, while the Smith government has demonstrated important restraint in recent years, total program spending and per person (inflation-adjusted) program spending is still materially higher in 2025/26 than in previous periods.
Alberta’s high spending is fuelling the projected $6.5 billion deficit. Consider that at the alternative spending level ($55.6 billion) Alberta would be enjoying a large budget surplus of $14.4 billion in 2025/26—rather than adding to the province’s red ink.
Despite this, the discussion around deficits often revolves around volatile resource revenue (e.g. oil and gas royalties). It’s true—resource revenue has declined year over year and that has an impact on the budget. But again, it’s not the underlying problem. The problem is successive governments have increased spending during good times of relatively high resource revenue to levels that are unsustainable without incurring deficits when resource revenue inevitably declines. In other words, the fiscal framework for the provincial government relies too heavily on volatile resource revenues to balance its budget.
As a share of the economy, non-resource revenue (e.g. personal income and business income) averaged 12.5 per cent over the last decade (2016/17 to 2025/26) compared to 11.1 per cent between 2006/07 to 2015/16. In other words, Alberta is collecting a larger share of non-resource revenues than in the past as a share of the economy. This statistic alone makes it difficult to argue that the province has a revenue problem.
So, what can the government do to rein in its spending?
Government employee compensation typically accounts for nearly 50 per cent of the Alberta government’s operating spending. From 2019 to 2024, the number of provincial government jobs in Alberta increased by 46,500. Over that period, total compensation for provincial government jobs jumped from $24.2 billion to $29.5 billion. Put differently, government compensation now costs $5.3 billion more annually than pre pandemic. The government should reduce the number of government jobs back to pre-pandemic levels through attrition and a larger program review.
Business subsidies (a.k.a. corporate welfare) is another clear area for reform. Business subsidies consume a meaningful share of each ministries‘ annual budget costing billions of dollars. For example, in 2024/25, grants were the second-largest expense for the ministry of environment at $182.0 million and the largest expense for the ministry of arts, culture and status of women at $154.2 million. For the ministry of energy and minerals, grants totalled $166.3 million in 2024/25. With more than 25 ministries, the provincial government could find meaningfully savings by requiring that each to closely examine their budgets and eliminate business subsidies to yield savings.
The Smith government’s recent fiscal update rung the alarm bells, but to fix the province’s fiscal challenges, one must first understand the underlying problem—Alberta has a spending problem. Fortunately, there are some clear first steps to tackle it.
Alberta
Maritime provinces can enact policies to reduce reliance on Alberta… ehem.. Ottawa

From the Fraser Institute
By Alex Whalen
Nova Scotia’s Finance Minister John Lohr recently took the rare step of publicly commenting on the province’s reliance on transfer payments from Ottawa. For decades, the Maritime provinces have heavily relied on federal transfers, and the equalization program in particular, to fund provincial budgets.
Ottawa collects taxes from across Canada and then redistributes money to different provinces and/or individual Canadians through various programs, including equalization. The MacDonald Notebook recently reported that Lohr told a Halifax Chamber of Commerce audience “we’re very aware that we are very dependent on transfer payments from other parts of the country… we can’t continue to take that for granted… we have the resources here.”
Lohr makes an important point. Consider equalization, a federal program that, in effect, provides payments to provinces with weaker economies and a lower ability to raise tax revenues, with the goal of ensuring all provinces can deliver comparable services at comparable tax rates.
Premiers in other provinces have often lobbied for changes including reform or outright elimination of the program. In fact, Newfoundland and Labrador (backed by Alberta, British Columbia and Saskatchewan) is currently challenging the program in court. These provinces believe the program is unfair given how equalization payments are calculated on an annual basis. And this is a serious political concern because at some point these provinces could force reforms to equalization that would result in reduced payments to recipient provinces.
Such a move would have a major impact on provincial finances in the Maritimes. In 2024/25, Prince Edward Island, New Brunswick and Nova Scotia are the three provinces most dependent on equalization funds, ranging between $3,718 per person in P.E.I. to $3,252 per person in Nova Scotia. Equalization represents between 19.4 per cent and 21.9 per cent of provincial revenue in these provinces. Put differently, without this federal transfer program, these provinces would lose roughly one-fifth of their revenue. Only Manitoba comes close to this level of reliance on equalization.
But why should the Maritime provinces wait to have reform forced upon them? Moreover, it shouldn’t be a goal to be a long-term recipient province for the same reason one wouldn’t want to be a long-term welfare recipient. Regardless of what Alberta and Saskatchewan wants, we in the east should want to be off equalization for our own reasons. Strengthening provincial economies in the Maritimes would raise living standards and incomes, while strengthening provincial finances and reducing reliance on programs such as equalization.
So, what can be done?
First, the Nova Scotia government’s recent shift in policy to permit more natural resource development in areas such as mining and natural gas is a strong first step. The province is sitting on billions of dollars in economic opportunity in this sector, while the sector’s wages tend to be among the highest of any industry. Other provinces should follow suit and develop their natural resource sectors.
More broadly, governments in the region should trim their bloated bureaucracies to make way for broad-based tax relief. The Maritime provinces have the largest governments in Canada, with government spending (at all levels—federal, provincial and local) exceeding 57 per cent of provincial economies. A consequence of this large government sector is some of the highest taxes in North America (across all types of taxation). Reducing the size of government to national-average levels would make room for substantial tax relief that would boost growth in the region.
Long-term dependence on federal transfers does not need to be a given in the Maritimes. With the right policy environment in place, the governments of Nova Scotia, P.E.I. and New Brunswick can strengthen their economies while reducing reliance on the rest of Canada. On this front, Minister Lohr is on the right track.
Alex Whalen
Director, Atlantic Canada Prosperity, Fraser Institute
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