Alberta
Conspiracy charges dropped, Chris Lysak, Jerry Morin released after agreeing to plea deals
From the Frontier Centre for Public Policy
By Ray McGinnis
” 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)
Alberta
Fortis et Liber: Alberta’s Future in the Canadian Federation
From the C2C Journal
By Barry Cooper, professor of political science, University of Calgary
Canada’s western lands, wrote one prominent academic, became provinces “in the Roman sense” – acquired possessions that, once vanquished, were there to be exploited. Laurentian Canada regarded the hinterlands as existing primarily to serve the interests of the heartland. And the current holders of office in Ottawa often behave as if the Constitution’s federal-provincial distribution of powers is at best advisory, if it needs to be acknowledged at all. Reviewing this history, Barry Cooper places Alberta’s widely criticized Sovereignty Act in the context of the Prairie provinces’ long struggle for due constitutional recognition and the political equality of their citizens. Canada is a federation, notes Cooper. Provinces do have rights. Constitutions do mean something. And when they are no longer working, they can be changed.
Alberta
30 million contraband cigarettes valued at $25 million dollars seized in Alberta
New release from Alberta Gaming Liquor and Cannabis (AGLC)
Record setting contraband tobacco seizures result from AGLC investigations
Alberta Gaming Liquor and Cannabis (AGLC) recently concluded several investigations which netted two of the largest contraband tobacco seizures in Alberta history. The combined total of the contraband tobacco seized was 154,800 cartons of contraband cigarettes (30.7 million individual cigarettes). These seizures are a result of the work conducted by AGLC’s Tobacco Enforcement Unit with the assistance of provincial law enforcement agencies.
- In a January 2024 investigation, approximately 43,500 cartons (8.7 million individual cigarettes) were seized. This equates to $7 million in retail value with a provincial tax avoidance of $2.4 million. This included the seizure of 15,000 grams of contraband shisha.
- In April of 2024, 60 wrapped pallets were seized from a warehouse setting netting a total of 111,300 cartons of contraband cigarettes (22 million individual cigarettes) which equates to over $18 million in retail value with a provincial tax avoidance of $6.6 million.
- Criminal Charges are pending in both cases.
“These are significant contraband tobacco investigations involving individuals that are part of organized networks whose proceeds defraud Albertans millions of dollars in tax revenue. AGLC will continue to work with our partners to investigate and disrupt the individuals and organizations involved in these illegal activities as part our commitment to a strong contraband tobacco enforcement program in Alberta.”
- Gary Peck, Vice President, Regulatory Services, AGLC
“Contraband tobacco hurts law abiding businesses that follow the rules, and it costs Albertans millions each year from lost tax revenue. Our government is committed to keeping illegal tobacco off the streets and ensuring that the sale of tobacco products comply with the law.”
- Dale Nally, Minister of Service Alberta and Red Tape Reduction
Over the last nine months, AGLC’s Tobacco Enforcement unit has seized an estimated 35 million contraband cigarettes and 115,000 grams of contraband shisha from across the province. The total potential lost tax revenue is estimated to be more than $10.1 million.
Contraband tobacco:
- is any tobacco product that does not comply with federal and provincial laws related to importation, marking, manufacturing, stamping and payment of duties and taxes;
- comes from four main sources: illegal manufacturers, counterfeits, tax-exempt diversions and resale of stolen legal tobacco; and
- can be recognized by the absence of a red (Alberta) or peach/light tan (Canada) stamp bearing the “DUTY PAID CANADA DROIT ACQUITTÉ” on packages of cigarettes and cigars or pouches of tobacco.
In addition to lost revenues that may otherwise benefit Albertans, illegally manufactured products also pose public health and safety risks as they lack regulatory controls and inspections oversight.
Albertans who suspect illegal tobacco production, packaging and/or trafficking are encouraged to contact AGLC’s Tobacco Enforcement Unit at 1-800-577-2522 or Crime Stoppers at 1-800-222-TIPS (8477).
Under a Memorandum of Understanding with Alberta Treasury Board and Finance, AGLC enforces the Tobacco Tax Act and conducts criminal investigations related to the possession, distribution and trafficking of contraband tobacco products. In 2022-23, provincial revenue from tobacco taxes was approximately $522 million.
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