COVID-19
Questions linger after Coutts verdict
																								
												
												
											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
Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy
														From LifeSiteNews
When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.
In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.
“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.
“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.
The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.
In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.
As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.
However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.
It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.
At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.
In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.
Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.
While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.
Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.
However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”
Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.
COVID-19
Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence
														From LifeSiteNews
‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’
Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.
Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.
“I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.
Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”
“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.
While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.
On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”
Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.
As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.
“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”
Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”
She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”
As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.
LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
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