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Frontier Centre for Public Policy

The Worrisome Wave of Politicized Prosecutions

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Unusual punishment: The 2022 truckers’ protest at the Coutts, Alberta border crossing (top) led to charges against four men (bottom left to right), Chris Carbert, Tony Olienick, Jerry Morin and Chris Lysak; Morin and Lysak were held in custody for almost two years while the other two are still in prison. (Sources of photos: (top) The Canadian Press/Jeff Mcintosh; (bottom) CBC)

From the C2C Journal

By Gwyn Morgan

Shaping criminal charges, bail decisions or prison sentences around an accused person’s political or religious beliefs is utterly odious – a hallmark of tinpot tyrannies and totalitarian hellholes. Such practices have no place in any constitutional nation, let alone a mature democracy that presents itself as a model to the world. But that is increasingly the situation in Canada, writes Gwyn Morgan. Comparing the treatment of protesters accused of minor infractions to those of incorrigible criminals who maim and kill, Morgan finds a yawning mismatch that suggests political motivations are increasingly a factor in today’s criminal justice system.

On January 29, 2022, a small convoy of trucks headed down to the U.S. border crossing at Coutts, Alberta to join in the nationwide protests against the Covid-19 vaccine mandate that the Justin Trudeau government had recently imposed on cross-border truckers – the very people Trudeau had previously described as “heroes” for delivering food and other essentials in the depths of the pandemic. Joined by many locals in pickup trucks and farm machinery, the truckers’ border protest turned into a full-scale blockade that would last 17 days. Just as it appeared to be settling into an extended stalemate, heavily armed police tactical teams swooped down upon several locations and arrested 14 protesters, charging four with the ominous crimes of conspiracy to commit murder (of police officers), mischief, a raft of weapons offences and uttering threats. These were bewildering accusations given the overall context of the event.

As the blockade almost instantly dissolved given that none of the protesters wanted to be linked to potentially violent offenders, the four men – Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick – were locked away. Lysak and Morin spent 723 days – nearly two years – in pre-trial custody, 74 of which Morin was kept in solitary confinement. Finally, after their new lawyer, Daniel Song, filed a Charter of Rights and Freedoms application demanding that the courts re-examine the case, the Crown suddenly accepted a plea deal on much lesser firearms charges. One month ago – on February 6 – Morin and Lysak were abruptly released. But they had already served the equivalent of a typical sentence for a serious crime in Canada – manslaughter or assault, say. Hard-working tradesmen with young families, Morin and Lysak will never get those two years back. Carbert and Olienick remain in prison and still face the full raft of charges; their trial is to begin in May.

Contrast this with the recent case of a mother and daughter – Carolann Robillard and Sara Miller, 11 – who were fatally stabbed in a horrific random attack outside an Edmonton school. Their accused killer, Muorater Arkangelo Mashar, had a long criminal record of assaults, assault with a weapon and robbery; he had been released from custody 18 days prior to the murders. Such events are no longer exceptions in Canada’s criminal justice system. They’re not cases of someone “falling through the cracks” – getting out due to a glitch or individual act of incompetence. They are routine. This is how things are now done in Canada. Vancouver police, for example, catch and release the same criminal offenders over and over, sometimes close to 100 times, because they always make bail.

By contrast, the four Coutts protesters were repeatedly denied bail despite having no criminal records. For this reason, social media users raised the possibility that they were, in effect, political prisoners being persecuted for having stood up so defiantly against the vaccine mandate and embarrassing Trudeau. Just a week or so following their arrests, over 3,000 km away on Parliament Hill, the Trudeau government moved against a peaceful protest that was breaking no significant laws other than, possibly, some municipal noise ordnances and parking bylaws. Police arrested and incarcerated four prominent protesters whom there was no credible basis to imprison and hold without bail. Of the four, Chris Barber was released within a day. Pat King and George Billings, however, were denied bail despite facing only minor mischief charges; they would spend months in jail. Billings eventually pled guilty to one charge and was released, while King’s trial has yet to begin.

Political prisoners: At the Freedom Convoy protest in Ottawa (top), police arrested (bottom left to right) Chris Barber, Pat King and George Billings; Barber was released but King and Billings were denied bail despite facing only minor mischief charges. (Sources of photos: (top) Maksim Sokolov (Maxergon), licensed under CC BY-SA 4.0; (bottom left) Public Order Emergency Commission; (bottom middle) Calgary Herald; (bottom right) The South Peace News)

The treatment of the fourth prominent protester was especially egregious. The day before police wielding the draconian powers of the federal Emergencies Act moved in to forcibly break up and disperse the Ottawa protesters from Parliament Hill and Wellington Street, they arrested a woman who had journeyed across the country to serve as co-organizer and spokesperson for the protesting truckers. Tamara Lich, a Métis grandmother from Alberta, was criminally charged with “one count each of mischief, intimidation, obstructing a highway and obstructing a police officer, as well as five counts of counselling others to commit those same charges.” It’s hard to imagine how this petite, soft-spoken woman could “obstruct police or intimidate” anyone. Handcuffed between two towering federal police officers, Lich was placed in solitary confinement in a dungeon-like cell with a tiny window 5 metres above her head.

Section 515 of the Criminal Code of Canada covers Judicial Interim Release – the formal term for bail – and states in part: “…the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.” The Criminal Code also specifies that bail should be granted with the fewest conditions possible and should consider the person’s background, criminal record and any threat their release might pose to the public.

Lich spent two weeks in jail and was then released under strict and stifling bail conditions that went beyond what is typically imposed even on accused bank robbers or murderers, including a prohibition against using social media and orders not to communicate with anyone associated with the convoy. That summer, the Justice Centre for Constitutional Freedoms selected Lich as the 2022 recipient of its annual George Jonas Freedom Award “in recognition of her outstanding dedication to the cause of freedom.” At the awards ceremony in Toronto, Lich was photographed with another person associated with the convoy. She was then rearrested in Alberta, handcuffed and shackled, and flown back to Ottawa. She spent another 30 days in prison before again being released on bail after a different judge ruled that there had been “no significant interaction” at the awards ceremony – though the judge did not strike any of the oppressive bail conditions themselves.

Convoy organizer Tamara Lich, a Métis grandmother from Alberta, was put in solitary confinement on charges of mischief and “intimidation” then released with draconian bail restrictions; she was later re-arrested after a gala in Toronto (right) and sent back to jail for 30 days. (Sources of photos: (left) X; (right) Facebook/Stacey Kauder)

Around the same time, Randall McKenzie, a habitual offender charged with weapons violations and assaulting a police officer, was set free with no conditions other than periodically reporting to his parole officer. On December 27, 2022, Ontario Provincial Police Constable Greg Pierzchala was murdered in an ambush-style attack; McKenzie and his girlfriend stand accused of the horrific crime. Again, such events now occur with sickening regularity. Just three months previously, habitual violent offender Myles Sanderson went on one of Canada’s worse-ever rampages, stabbing 10 people to death, including his own brother, and wounding another 18 on the James Smith Cree Nation in Saskatchewan. Over the years Sanderson had racked up the impossible-sounding total of 125 criminal charges plus numerous parole violations, but had been again let out because a parole board member deemed he “will not present an undue risk to society.”

In stark contrast to the treatment of freedom protesters, hardened criminals such as (left to right) Muorater Arkangelo Mashar, Randall McKenzie and Myles Sanderson have been routinely set free with no enforcement of their bail conditions, and then go on to commit more horrific crimes. (Sources of photos: (left to right) Global NewsThe Hamilton SpectatorCBC)

In contrast to Mashar, McKenzie, Sanderson and many hundreds of other criminals, it is inconceivable that Tamara Lich could be considered a risk to anyone. She has no criminal record. And under Canada’s warped justice system her Indigenous background should have worked to her advantage in providing even lighter than normal treatment. Lich would probably recoil at asking for such a thing, but the Crown and court are obliged to consider it.

All of that went out the window in Lich’s case, however. In opposing bail at one of her several such hearings, Crown Prosecutor Moiz Karimjee told the judge the government might well seek a prison sentence of 10 years – something never previously imposed in Canada for a mischief charge and fully in keeping with sentences for murder, bank robbery or violent sexual assault. It is difficult to avoid concluding that people in high office wanted the court to teach Lich and the others a lesson – and send a message to dissidents across the country.

Whether or not there has been direct political interference, Canada’s justice system is no longer entirely trustworthy. Just two months after the forcible takedown of the Ottawa protests, no less a figure than Richard Wagner, Chief Justice of the Supreme Court of Canada, described the Freedom Convoy protest as “the beginning of anarchy where some people have decided to take other citizens hostage.” It was a grotesque exaggeration, but it wasn’t all that Canada’s highest-ranked impartial jurist had to say. “Forced blows against the state, justice and democratic institutions like the one delivered by protesters,” he declared, “should be denounced with force by all figures of power in the country.” Who outside a dictatorship even talks that way?

Supreme Court Chief Justice Richard Wagner speaks during a welcoming ceremony, Thursday, October 28, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Lich’s trial, together with that of convoy co-organizer Barber, finally began last September in the Ontario Court of Justice. It was expected to finish by mid-October but has been taking much longer. After adjourning in December, it resumed in January but was interrupted again after one day. Further hearings are to be held this week. The completion date is uncertain due to limited court time and the tenacious, tireless defence by the formidable Lawrence Greenspon, which appears to have rattled the prosecution.

Tamara Lich, Pat King, George Billings, Chris Lysak, Jerry Morin, Chris Carbert and Tony Olienick have spent a cumulative total of more than 3,200 days in jail – nearly 9 years – and this total will climb further because two of them remain in prison awaiting trial. Meanwhile, Canada’s bail laws continue to allow violent habitual offenders loose after just a few days in custody, while the parole system leaks like a poisonous sieve.

One of the cornerstones separating a democracy from a dictatorship is the prohibition of government interference in the judicial process. But in 2013, the then-aspiring political leader Justin Trudeau stated, “There is a level of admiration I actually have for China[’s]…basic dictatorship.” Even worse, Trudeau named China as the government he admired most in the world. Since then, Canadians have been given reason to believe he meant this literally.

Punishing dissent: The treatment of the freedom protesters under Justin Trudeau’s government seems disturbingly similar to the behaviour of totalitarian regimes in China, Russia and the former Soviet Bloc. Shown at top, Chinese Christians (left) and Uyghur inmates (right) jailed in China; at bottom, political dissidents in Russia (left) and Kazakhstan (right). (Sources of photos: (top right) The Guardian; (bottom left) Ilya Pitalev/RIA Novosti; (bottom right) Epa-Efe/Igor Kovalenko)

Given the facts at hand, given the Prime Minister’s venomous rhetoric against his opponents, given his repeated ethical lapses, and given that he has interfered in at least one prosecution before, it is hard to escape the conclusion that Lich and the others are political prisoners being persecuted at the behest of the Trudeau government. Whether this is due to key players in the justice system reading the implicit signals and acting accordingly, or due to direct interference, we cannot say – and might never know for sure. Either way, Canadians should be revolted. One thing we do know: news of yet another murder or egregious assault by a violent offender out on bail will come all too soon.

Gwyn Morgan is a retired business leader who was a director of five global corporations.

Alberta

Too Graphic For A Press Conference But Fine For Kids In School?

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From the Frontier Centre for Public Policy

By Lee Harding

Alberta moves to remove books after disturbing content, too graphic for media to view, was found in schools

Should elementary school children be given books to read with harsh insults against minorities, depictions of oral sex, and other disturbingly graphic and explicit content?

Such books have been in some Alberta elementary schools for a while, and in many school libraries across Canada.

In late May, the Alberta government announced it would establish new guidelines regarding age-appropriate materials in its schools. A government press release included quotes with disturbing content, but at a press conference, Education Minister Demetrios Nicolaides said some book illustrations could not be shown.

“I would show these images to all of you here and to the media, but they are too graphic for a live-stream media event. These examples … illustrate the kind of content that raises concerns amongst parents,” Nicolaides said.

You don’t say? This seems like the sort of stuff no one, except a pervert in a park, would dream of showing to a child. Ironically, the inability to publicize such graphic materials is part of the reason they have been shown to children with little public awareness.

Citizens’ group Action4Canada (A4C) has claimed its activism played a pivotal role in the Alberta decision. The organization has compiled a 36-page document online with examples of objectionable content in Canadian schools. Among the worst is Identical by Ellen Hopkins, which includes graphic descriptions of a little girl being molested by her father.

A4C founder Tanya Gaw has repeatedly tried to raise concerns about objectionable books with school boards, often without success. In some cases, she isn’t even allowed on the agenda if she states her topic upfront. When she is permitted to speak, she’s frequently cut off as soon as she begins quoting from the books, preventing the content from entering the public record.

In January 2023, Gaw made an online presentation to a school board in Mission, B.C. regarding materials in their schools. As she began to screenshare what was there, some board members objected, saying such permission had not been given in advance.

One month later, the board banned Action4Canada from making any further presentations. In later media interviews, the board chair justified the decision by saying Gaw’s PowerPoint contained some graphic and “inappropriate images.”

Exactly, and that is the problem. A recent check showed Mission’s school division only removed four of 15 books A4C objected to. Gaw is just glad “Identical” is one of them.

Pierre Barns, a father from Abbotsford, B.C., made it his mission to notify school boards across Canada what was on their school shelves. An online search was all it took to confirm. A “reply all” from a board member at the Halton School District in Ontario was most ironic.

“I am concerned. This individual has included links to publications and videos which may contain illegal content,” she wrote.

“I’m not sure how to investigate the content of the email safely. Would you please advise us whether or not this person ought to be reported to police? Is there some action we should take?”

There probably was action they should have taken, such as removing the books, but that never happened. Later, they defended a biologically male teacher in their school division who made international headlines by wearing large prosthetic breasts to school.

The Alberta government has committed to conducting public consultations before implementing new policies. It’s a good time for parents and citizens there and in other provinces to speak up. A young mind is a terrible thing to corrupt, but unfortunately, some schools are part of this corrosive effort.

Lee Harding is a research fellow with the Frontier Centre for Public Policy.

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Economy

Canada Treats Energy As A Liability. The World Sees It As Power

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From the Frontier Institute for Public Policy

By Marco Navarro-Genie

Research VP Marco Navarro-Genie warns that Canada’s future hinges on building energy infrastructure, not just expanding pipelines but forging a true North American energy alliance. With global demand rising and authoritarian regimes weaponizing energy, Ottawa’s dithering costs Canada $70 million daily. Sovereignty isn’t secured by speeches but by infrastructure. Until Canada sheds its regulatory paralysis, it will remain a discount supplier in a high stakes geopolitical game. Time to build.

Canada has energy the world is begging for, but ideology and red tape are holding us back

As Prime Minister Mark Carney met with U.S. President Donald Trump recently, energy should have been the issue behind every headline, whether mentioned or not. Canada’s future as a sovereign, economically resilient country will depend in no small part on whether the country seizes this moment or stalls out again in a fog of regulatory inertia and political ambivalence. Canada holds an underleveraged strategic card: the potential to be the world’s most reliable democratic energy supplier. Recent trade figures show Chinese imports of Canadian crude hit a record 7.3 million barrels in March, a direct result of newly expanded access to the Pacific via the Trans Mountain Expansion (TMX), a federally owned pipeline project that now connects Alberta crude to global markets through British Columbia’s coast. But one pipeline does not make a national strategy. Demand in Asia is growing fast. India is among the hungriest, but Canada’s infrastructure is nowhere near meeting that demand.

This matters not just for Canada, but for the United States as well. In a world where energy markets are weaponized and strategic reserves manipulated by authoritarian regimes, the case for a coordinated North American energy alliance is stronger than ever. Such an alliance should not erode national sovereignty. It should reinforce it, allowing Canada, the U.S. and Mexico to insulate themselves collectively from supply shocks and geopolitical blackmail while projecting democratic strength abroad.

But for that alliance to work, Canada must be a credible partner, not merely a junior supplier shackled by Ottawa-induced internal bottlenecks. While the U.S. has leveraged its shale revolution, LNG capacity and permitting reforms to pursue energy dominance, Canada dithers. Projects languish. Investment flees. And meanwhile, Canadian oil continues to flow south at a steep discount, only to be refined and resold, often back to us or our trading partners, at full global prices.

Yes, you read that right. Canada’s oil and gas is sold at a discount to U.S. customers, and that discount costs Canada more than $70 million every single day. The Frontier Centre for Public Policy has developed a real-time tracker to monitor these losses. This pricing gap exists because Canada lacks sufficient pipeline infrastructure to access overseas buyers directly, forcing producers to sell to the U.S., often at below-market rates.

Such massive losses should be unacceptable to any government serious about economic growth, geopolitical influence or environmental integrity. Yet Ottawa continues to speak the language of ambition while legislating the mechanics of paralysis. Stephen Guilbault’s statement that Canada already has enough pipelines speaks to more paralysis..

Canada’s energy infrastructure challenges are not just economic; they are matters of national defence. No country can claim to be secure while relying on another’s pipelines to transport its energy across its own territory. No country can afford to leave its wealth-producing regions boxed in by regulatory choke points or political resistance dressed as environmental virtue.

Our energy economy is fragmented. Western hydrocarbons are stuck inland and must pass through the U.S. to reach Eastern Canada or global markets eastward. This weakens national unity and leaves us exposed to foreign leverage. It also creates strategic vulnerabilities for our allies. American industries depend on Canadian crude. So do U.S. Gulf Coast refineries. And while American officials continue to treat energy as a tool of diplomacy and economic leverage, using energy exports to build alliances and reduce reliance on unstable regimes, Canada treats it as a domestic liability.

We need to shift the frame. Infrastructure isn’t just about steel in the ground; it’s the backbone of strategic autonomy. Pipelines, export terminals and utility corridors would allow Canada to claim its place in the emerging geopolitical order. They would also signal to global investors that Canada is open for business and capable of delivering returns without political obstruction.

The U.S. wants a stable, competent partner to help meet global energy needs. Increasingly, so does the rest of the world. But until we address our internal dysfunction and build, we’re stuck. Stuck watching global opportunities pass us by. Stuck selling low while others sell high. Stuck in a conversation about sovereignty we’re not structurally equipped to address, let alone win.

When Carney meets with Trump again, he would do well to remember that economic independence, not rhetorical unity, is the bedrock of sovereignty. Without infrastructure, Canada brings only words to a hard-power conversation.

Paraphrasing Thomas Hobbes, energy covenants without infrastructure are but words. It’s time to stop posturing and start building.

Marco Navarro-Genie is the vice-president of research at the Frontier Centre for Public Policy. He is co-author, with Barry Cooper, of Canada’s COVID: The Story of a Pandemic Moral Panic (2023).

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