From the Frontier Centre for Public Policy

By Ray McGinnis

During the trial, RCMP officers described what they found as “pipe bombs” in the Tony Olienick’s Claresholm, AB, property after his arrest. They alleged that these were to be used for a dangerous purpose. During the Coutts Blockade, the “explosive” device remained on Olienick’s property, a two-hour drive away.

On August 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, both were found guilty of possession of weapons for a dangerous purpose.”

After the verdict, Newsweek reported “documents obtained under an Access to Information and Privacy Act request showed that the RCMP had been profiling protesters by running license plates through databases, then focusing in on those who possessed federal gun licenses.”

Possession of a Weapon for a Dangerous Purpose

Olienick’s lawyer, Marilyn Burns told this reporter of the charge, “I have not found a case where the charge of possession of a weapon for a dangerous purpose has not been twinned with an act of murder, violence.” This section of the Canadian Criminal Code, she explained, “has two categories: “dangerous purpose for the public peace” or for “another criminal act.” The charge brought by the Crown against Carbert and Olienick was for “possession of a weapon for a dangerous purpose” being “dangerous for the public peace.”

Tony Olienick didn’t have any weapons while he was standing outside of Smugglers Saloon at the time he was arrested. He had a rifle and a 22, and had moved them from his truck to the trailer. There were several guns in the trailer Chris Carbert was sleeping in at the time of his arrest. However, when he came out of the trailer to be arrested, he was unarmed. During the trial, it was confirmed it’s not illegal to have firearms in your camper trailer. It’s legal to have firearms for self-defence in your camper trailer to defend yourself against a civilian intruder. No guns were seen in public. Carbert, Olienick (and Lysak) snuck the guns into the trailer when no one saw them to make it safe – so nothing would happen accidentally to someone in view.

What was the Dangerous Purpose?

Chris Carbert’s lawyer, Katherin Beyak, summarized, “The evidence wasn’t there for Chris needing to have a firearm for self-defence at the blockade, that evidence just didn’t come forward. That’s why I’m trying to figure out what the dangerous purpose was. Other than, perhaps, the jury didn’t think there was a valid purpose for having a firearm at the protest. I don’t know, and we can’t ask them (the jury).” Asked about the jury decision, Beyak said the jury decision may have been “more of a statement that this was supposed to be peaceful, and you shouldn’t have had firearms there.”

The message from this verdict to Canadians may mean even if you are unarmed, you shouldn’t have firearms in the vicinity of a municipality where there is a protest.

 Explosive Witness Testimony

The jury also found Tony Olienick guilty of possession of explosives for a dangerous purpose.

Brian Lambert, a sandstone quarry owner and colleague of Olienick, testified at the trial. He described an explosive device, nicknamed “firecrackers” in the business, he observed Olienick use years ago. Lambert testified Tony Olienick use these “firecrackers” to dislodge stone that would get sold and repurposed for construction. Olienick’s father served as a peacekeeper in the Canadian Armed Forces in Cypress. A stone quarry in southern Alberta occasionally got drill bits stuck in the stone. Olienick’s father created an explosive device with plumbing pipe, ordinary gunpowder, and a fuse that can be purchased at a hobby store. It was used to dislodge drill bits from a stone. After he died, the “firecracker” device was gathered up by Tony Olienick along with other items from his father’s estate. The son moved it onto his property. While the late Mr. Olienick had a permit to use the device, his son didn’t renew the permit for the explosive device.

Marilyn Burns, lawyer for Tony Olienick, relates the RCMP went through everything to find that device in a pile of other belongings of her client’s late father. During the trial, RCMP officers described what they found as “pipe bombs” in the Tony Olienick’s Claresholm, AB, property after his arrest. They alleged that these were to be used for a dangerous purpose. During the Coutts Blockade, the “explosive” device remained on Olienick’s property, a two-hour drive away.

A Warning

One takeaway from the jury verdict: if you go to a protest, make sure any explosive device you have at your property has a permit. Otherwise, even if the device in question is a two-hour drive away, you could be found guilty of possession of explosives for a dangerous purpose.

This commentary is second of a three part series. Read part one here, and three here.

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

An agent with the U.S. Immigration and Customs Enforcement Homeland Security Investigation team is scanning the Internet for child sexual exploitation.

U.S. Immigration and Customs Enforcement

From The Center Square

By Bethany Blankley

Earlier this year, Grassley led a group of 44 senators to introduce a resolution to reform ORR oversight after multiple allegations of sexual abuse of UACs were reported and more than 100,000 UACs appear to be missing, The Center Square reported.

The Inspector General for the U.S. Department of Homeland Security issued a management alert to U.S. Immigration and Customs Enforcement to make it aware of an urgent issue: ICE is incapable of monitoring hundreds of thousands of unaccompanied children (UACs) released into the country by the Biden-Harris administration.

“We found ICE cannot always monitor the location and status of unaccompanied migrant children who are released from DHS and HHS custody,” HHS Inspector General Joseph Cuffari said in a memo to the deputy director of ICE.

“Without an ability to monitor the location and status of UCs, ICE has no assurance UCs are safe from trafficking, exploitation, or forced labor,” the alert states.

In response, U.S. Sen. Chuck Grassley, R-Iowa, requested additional information from HHS about UAC oversight, saying, “lax vetting has placed migrant children in grave danger of exploitation and abuse and makes locating these children after placement difficult, something I fear hinders the work of DHS as well.”

The DHS OIG report found that not only was ICE incapable of monitoring the location and status of all UACs but it was also incapable of initiating removal proceedings as needed.

ICE transferred more than 448,000 UACs to the care of the U.S. Department of Health and Human Services’ Office of Refugee Resettlement, which is responsible for their care, from fiscal years 2019 to 2023. Over the same time period, ICE neglected to issue notices to appear (NTAs) before an immigration judge for 65% of UACs transferred from DHS custody, according to the OIG report, leaving them in limbo.

Of the 448,000 UACs who illegally entered the country and were placed with sponsors through ORR, the majority arrived under the Biden-Harris administration: roughly 366,000, or 81%, between fiscal years 2021 and 2023, Grassley notes.

The report also found that ICE agents didn’t issue NTAs for immigration court hearings to all UACs who were flagged to be removed from the country, despite being required by federal law to do so, the OIG report found.

ICE failed to issue NTAs to at least more than 291,000 UACs who should have been placed in removal proceedings but weren’t, as of May 2024, according to the report.

“ICE was not able to account for the location of all UCs who were released by HHS and did not appear as scheduled in immigration court,” the report states.

At least 32,000 UACs who were given NTAs didn’t show up to their immigration court hearing and ICE doesn’t know where they are. Additionally, ICE didn’t always inform ORR when UACs didn’t show up, contributing to multiple agencies not being able to account for their whereabouts, the report found.

To make matter worse, ICE Enforcement and Removal Operations officers weren’t looking for them, according to the report.

Officers from only one of eight ICE ERO field offices that OIG staff visited said they attempted to locate missing UACs.

Federal agencies not scheduling immigration court dates appears to be a consistent problem, according to several audit reports.

From January 2021 to February 2024, one audit found that 200,000 asylum or other immigration cases were dismissed because DHS didn’t file paperwork with the courts in time for scheduled hearings, The Center Square reported.

Prior to that, 50,000 illegal foreign nationals released into the U.S. by ICE failed to report to their deportation proceedings during a five-month period analyzed in 2021, The Center Square reported. ICE also didn’t have court information on more than 40,000 individuals it’s supposed to prosecute, according to the report, and more than 270,000 illegal foreign nationals were released into the U.S. “with little chance for removal” during that time period, the report found.

Not knowing the whereabouts of the UACs “occurred, in part, because ICE does not have an automated process for sharing information internally between the Office of the Principal Legal Advisor (OPLA) and ERO, and externally with stakeholders, such as HHS and the Department of Justice (DOJ), regarding UCs who do not appear in immigration court,” the OIG report found.

ICE-ERO also hasn’t developed a formal policy or process to find UACs who don’t show up to their court dates, has limited oversight for monitoring them, and faces resource limitations, the OIG says. Nevertheless, “ICE must take immediate action to ensure the safety” of UACs and provide it with the corrective action it will take.

UACs who miss their court dates “are considered at higher risk for trafficking, exploitation, or forced labor,” the OIG says.

Earlier this year, Grassley led a group of 44 senators to introduce a resolution to reform ORR oversight after multiple allegations of sexual abuse of UACs were reported and more than 100,000 UACs appear to be missing, The Center Square reported.

Texas, California and Florida have received the most UACs of all states, The Center Square first reported, with each state receiving record numbers in fiscal 2023. For some states, fiscal 2023 numbers represent 20% or more of the total they received since 2015 or dwarfed previous years.