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COVID-19

Questions linger after Coutts verdict

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Chris Carbert and Anthony Olienick Courtesy Bridge City News/YouTube

From the Frontier Centre for Public Policy

By Ray McGinnis

The Coutts trial may be over, but the questions it raises about justice and overreach continue.

A jury in the trial of Chris Carbert and Anthony “Tony” Olienick rendered a NOT GUILTY verdict on a charge of conspiracy to commit murder of police officers. Known as the Coutts Two, Carbert and Olienick’s trial lasted from June 6 to August 2, 2024. After two and a half days of deliberations, the jury also found the pair GUILTY of possession of weapons for a dangerous purpose, and mischief over $5,000. Olienick was also found GUILTY of possession of explosives for a dangerous purpose.

On February 13, 2022, Olienick was arrested outside Smuggler’s Saloon. Early on February 14, 2022, Chris Carbert was awakened from his sleep in a trailer by police loudspeaker.

Two Co-Accused Had All Charges Dropped in February

Conspiracy, possession of weapons, and mischief charges were also laid against Chris Lysak and Jerry Morin. Carbert, Olienick, Lysak and Morin, were dubbed the Coutts Four.

Lysak was arrested in Coutts late on February 13, 2022. Morin was arrested heading west of Calgary on Hwy. 22. He would work for a rancher near Priddis, a three-hour drive from Coutts. Lysak and Morin had all the original charges in the indictment dropped on Feb 6th, 2024.

Lysak pleaded to improper storage of a firearm. That charge typically results in a minor fine, not two years behind bars. Morin pled guilty to conspiracy to traffic firearms, not to trafficking firearms. Two years in custody — including solitary confinement and being witness to brutality between prisoners — had taken its toll.

Tony Olienick’s lawyer, Marilyn Burns, told this reporter, Morin was not guilty of the new charge to which he plead. But this was the plea deal the Crown would agree to. Morin and Lysak were released after 723 days behind bars.

Carbert and Olienick maintained their innocence. However, pre-trial deliberations in court dribbled out for over a year before the trial itself.

The Accused Were Unarmed
None of the original Coutts Four — Carbert, Olienick, Lysak or Morin — were armed when arrested. None had a criminal record. Three of the four are fathers with children. Before his arrest, Lethbridge resident Chris Carbert was a self-employed fisherman who also ran a landscaping and fencing business with nine employees.

Years before his arrest, Tony Olienick took part of the clean-up in High River, Alberta, after the 2013 floods. The self-employed gravel truck owner got contract work at a stone quarry.

Coutts Charges Cited to Invoke Emergencies Act

At the Public Order Emergency Commission inquiry in November 2022, several senior cabinet and government officials cited events in Coutts as one of the triggers for invoking the Emergencies [War Measures] Act on February 14, 2022. Deputy Prime Minister Chrystia Freeland testified “we heard from the RCMP Commissioner about concerns that there were serious weapons in Coutts . . . that really raised the stakes in terms of my degree of concern about what could be happening.”

Prime Minister Justin Trudeau stated, “the occupation at Coutts seemed to be emboldened.”

Coutts Mayor, Jimmy Willett described the protesters as “Domestic Terrorists.” Public Safety Minister Marco Mendicino testified “the situation was combustible… individuals… involved in Coutts were prepared to go down with a fight that could lead to the loss of life, . . . would have triggered other events across the country.”

The Clerk of the Privy Council, Janice Charette, pointed to the “seriousness” and “scale” of the “illegal activity,” “the quantity of weapons and ammunition discovered by the RCMP… contemplated by people at Coutts.” This confirmed her view that these people were insurrectionists, bent on “overthrowing the government.”

Yet, no bodycam footage and no recording entered as evidence in the trial substantiated claims by RCMP that Carbert or Olienick plotted violence against police. In January 2024, a federal court ruled the invocation of the Emergencies Act was “unconstitutional.” The August 2 not guilty verdict for conspiracy to commit murder adds to the perception of government overreaction to the protests.

A Surprise from the Crown
In its closing words to the jury, the Crown suddenly alleged there was a hand-off of weapons on February 11, 2022.

The Crown should provide full disclosure to the defence before the trial concludes so allegations can be tested in court. Never mind. This last-minute allegation may have swayed the jury to find the defendants guilty of the possession of firearms charge and Olienick of possession of an explosive device for a dangerous purpose.

Sentencing and bail hearings were scheduled from August 26 to 30. The week of September 9, the judge at the Coutts Two trial will hand down sentences for both of the accused given their combination of i) not guilty of conspiracy to commit murder verdict by the jury and ii) guilty verdicts for possession of a weapon for a dangerous purpose and mischief, and for Olienick a separate guilty verdict for possession of an explosive for a dangerous purpose.

By then, the pair will have been in custody for 935 days.

This commentary is first of a three part series. Read part two 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

COVID-19

Freedom Convoy leaders’ sentencing judgment delayed, Crown wants them jailed for two years

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Fr0m LifeSiteNews

By Anthony Murdoch

Years after their arrests, Freedom Convoy leaders Tamara Lich and Chris Barber are still awaiting their sentencing after being found ‘guilty’ of mischief.

The sentencing for Freedom Convoy leaders Tamara Lich and Chris Barber has been further delayed, according to the protest organizers.

“In our trial, the longest mischief trial of all time, we set hearing dates to set hearing dates,” quipped Lich, drawing attention to the fact that the initial sentencing date of April 16 has passed and there is still not a rescheduled date.

Earlier this month, both Lich and Barber were found guilty of mischief for their roles as leaders of the 2022 protest and as social media influencers, despite the non-violent nature of the demonstration.

Barber noted earlier this month that the Crown is seeking a two-year jail sentence against him and is also looking to seize the truck he used in the protest. As a result, his legal team asked for a stay of proceedings.

Barber, along with his legal team, have argued that all proceedings should be stopped because he “sought advice from lawyers, police and a Superior Court Judge” regarding the legality of the 2022 protest. If his application is granted, Barber would avoid any jail time.

Lich has argued that the Crown asking for a two-year jail sentence is “not about the rule of law” but rather “about crushing a Canadian symbol of Hope.”

Lich and Barber were arrested on February 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.

Despite the peaceful nature of the protest, then-Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear-out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.

The actions taken by the Trudeau government were publicly supported by Mark Carney at the time, who on Monday won re-election and is slated to form a minority government.

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COVID-19

Former Australian state premier accused of lying about justification for COVID lockdowns

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Daniel Andrews, Premier of Victoria

From LifeSiteNews

By David James

Monica Smit said she is launching a private criminal prosecution against Daniel Andrews based on ‘new evidence proving they enforced lockdowns without medical advice or evidence.’

The fiercest opponent of the former Victorian premier Daniel Andrews during the COVID crisis was activist Monica Smit. The government responded to her advocacy by arresting her for participating in anti-lockdown protests. When she refused to sign her bail conditions she was made, in effect, a political prisoner for 22 days.  

Smit subsequently won a case against the Victoria Police for illegal imprisonment, setting an important precedent. But in a vicious legal maneuver, the judge ensured that Smit would be punished again. She awarded Smit $4,000 in damages which was less than the amount offered in pre-trial mediation. It meant that, despite her victory, Smit was liable for Victoria Police’s legal costs of $250,000. It was not a good day for Australian justice. 

There is a chance that the tables will be reversed. Smit has announced she is launching a private criminal prosecution against Andrews and his cabinet based on “new evidence proving they enforced lockdowns without medical advice or evidence.”

The revelation that the savage lockdown policies made little sense from a health perspective is hardly a surprise. Very little of what happened made medical sense. For one thing, according to the Worldometer, about four-fifths of the people who tested positive for COVID-19 had no symptoms. Yet for the first time in medical history healthy people were treated as sick.  

The culpability of the Victorian government is nevertheless progressively becoming clearer. It has emerged that the Andrews government did not seek medical advice for its curfew policies, the longest in the Western world. Andrews repeatedly lied when he said at press conferences that he was following heath advice. 

David Davis, leader of the right wing opposition Liberal Party, has made public a document recording an exchange between two senior health officials. It shows that the ban on people leaving their homes after dark was implemented without any formal input from health authorities. 

Davis acquired the email exchange, between Victorian chief health officer Brett Sutton and his deputy Finn Romanes, under a Freedom of Information request. It occurred two-and-a-half hours after the curfew was announced. 

Romanes explained he had been off work for two days and was not aware of any “key conversations and considerations” about the curfew and had not “seen any specific written assessment of the requirement” for one. 

He added: “The idea of a curfew has not arisen from public health advice in the first instance. In this way, the action of issuing a curfew is a mirror to the State of Disaster and is not occurring on public health advice but is a decision taken by Cabinet.” Sutton responded with: “Your assessment is correct as I understand it.” 

The email exchange, compelling evidence of the malfeasance of the Andrews government, raises further questions. If Smit’s lawyers can get Andrews to respond under oath, one ought to be: “If you were lying about following medical advice, then why were you in such a hurry to impose such severe measures and attack dissenters?” 

It remains a puzzle. Why did otherwise inconsequential politicians suddenly turn into dictatorial monsters with no concern for what their constituents thought?  

The most likely explanation is that they were told it was a biowarfare attack and were terrified, ditching health advice and applying military protocols. The mechanism for this was documented in a speech by Queensland senator Malcolm Roberts.  

If so, was an egregious error of judgement. As the Australian Bureau of Statistics showed, 2020 and 2021 had the lowest level of respiratory diseases since records have been kept. There was never a pandemic. 

There needs to be an explanation to the Australian people of why they lost their liberty and basic rights. A private prosecution might achieve this. Smit writes: “Those responsible should face jail time, nothing less. The latest revelation of ‘document 34‘ is just the beginning. A public criminal trial will expose truths beyond our imagination.”

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