Southern Alberta's top court cases to watch for in 2023
CBC court reporter Meghan Grant gives her list of cases to follow in the coming year
· CBC News · Posted: Dec 22, 2022 9:29 PM ASTConspiracy to murder RCMP
From
left to right: Chris Carbert, Anthony Olienick, Jerry Morin and
Christopher Lysak are each accused of conspiring to murder RCMP officers
near Coutts, Alta., during the border blockade and protests in
February. (Carbert/Facebook, Coutts Convoy Restart/Facebook, Morin/Facebook, Instagram)- ACCUSED: Anthony Olienick, 40, Jerry Morin, 41, Chris Lysak, 48, and Chris Carbert, 45.
- CHARGES: Conspiracy to commit murder, mischief to property over $5,000 and possession of a weapon.
- NEXT STEP: Trial starts June 12.
- LAWYERS: Steven Johnston, Matt Dalidowicz, Aaron Rankin (Crown), Katherin Beyak (Carbert), Greg Dunn (Morin), Tonii Roulston (Olienick). Lysak unrepresented.
For weeks in late January and early February, border blockades disrupted the Coutts crossing in southern Alberta as protesters rallied against governments' pandemic-related restrictions.
More than a dozen people were arrested after RCMP seized a cache of guns, body armour and ammunition in trailers at the protest site, but police believe Lysak, Olienick, Morin and Carbert were plotting a more sinister end to the protests.
Two of the men — Carbert and Lysak — have ties to a group with white supremacist beliefs.
All four men have been denied bail.
DIAGALON Jeremy Mackenzie COMPLETE TESTIMONY
Coutts 4: Pre-Trial Adjourned With No Meaningful Progress After 628 Days in Custody
Coutts 4: Day 1 Update
Alta. premier's office contacted Crown prosecution about Coutts cases: sources
Alberta premier backs off on promise to seek pardons for COVID-19 health violators
NDP calls for independent investigation into interactions with Crown prosecutors
"The way our system of justice works is we do have an independent justice department and independent Crown prosecutors," Smith told reporters Thursday when asked why she has not followed through on the pardon commitment.
"As we continue to see some of these cases go through — some of them get dropped, some of them fail — (prosecutors) have to consistently recalibrate, but I do want to make sure they have an independent process for assessing that.
"But I ask them on a regular basis, as new cases come out, is it in the public interest to pursue and is there a reasonable likelihood of conviction?"
The Justice Department later issued a statement that appeared to contradict Smith.
"The premier had met to discuss prosecutions at a high level with the attorney general and deputy attorney general," said department spokesman Jason Maloney.
"The premier has never spoken with any Crown prosecutors about any particular court/legal matter they deal with."
Smith's office did not respond to a request for clarification, but she did make similar remarks last month.
In an interview with Rebel News about COVID-related charges, Smith says the attorney general and the Crown have an independence from the premier's office, but that she continues to ask questions about whether the prosecutions are in the public interest and whether there's a reasonable likelihood of conviction.
"I put it to the prosecutors and I've asked them to do a review of the cases with those two things in mind," she said in the interview posted on the Rebel News website on Dec. 23.
Opposition NDP justice critic Irfan Sabir labelled Smith's comments Thursday a clear case of judicial interference and called for an independent investigation.
"Danielle Smith is reaching into the Crown prosecution branch and inquiring about a specific case and questioning whether charges are in the public interest, and that certainly constitutes interference," Sabir said.
Opposition NDP justice critic Irfan Sabir called for an independent investigation. (CBC)
"Smith's actions undermine the rule of law, and it is disturbing to see that she does not understand that."
Smith became premier in October after winning the leadership of the United Conservative Party by leveraging strong member support with promises to redress perceived abuses of individual rights and freedoms during the COVID-19 pandemic.
Soon after being sworn into office, Smith announced she would pursue pardoning non-criminal violators of health restrictions, such as pastors who ignored gathering limits at services and people fined for not wearing masks.
Smith has called the COVID-19 unvaccinated the most discriminated group she has ever seen in her lifetime.
Artur Pawlowski, a Calgary pastor jailed and fined for COVID-19 masking and gathering violations — charges later overturned on appeal — criticized Smith's remarks.
"My friends were voting for her (in the leadership race) because they wanted this prosecution and persecution of Canadians to stop in our province," Pawlowski said in an interview.
"She promised that amnesty would come. That never happened."
Pawlowski still faces charges related to last year's blockade in Coutts, Alta., near the United States border.
He called Smith "Kenney 2.0," referencing to her predecessor, Jason Kenney.
"She is a flip-flopping, political pancake," Pawlowski said. "Whatever works for her, that's what she's going to pursue."
Kenney was effectively voted out of office last year by a branch of the UCP angry over what they called freedom-busting COVID-19 gathering, vaccine and masking rules.
Smith also won the leadership on a promise to change laws to forbid restrictions for people based on their COVID-19 vaccine status. She never introduced the bill as promised last fall, saying more study was needed.
Political scientist Duane Bratt said the confusion leaves Albertans with two unpalatable options.
"Which is worse, political interference in the judicial system or lying about interfering in the judicial system?" said Bratt, with Mount Royal University in Calgary.
Bratt said the comments appear to be a political calculation by Smith to try to appeal to the broad electorate by adhering to the rule of law on COVID-19 cases while simultaneously saying she is taking direct action — rubbing against democratic guardrails in the process — to appease her base.
"That's what happens when you try to appease two different groups. You end up appeasing none of them," said Bratt.
Sabir said there is recent precedent under the UCP for an investigation.
Last February, a third-party report by a retired judge concluded that then-UCP justice minister Kaycee Madu tried to interfere in the administration of justice when he called up Edmonton's police chief to discuss a traffic ticket.
Madu was subsequently moved to a different portfolio under Kenney. He has since been promoted to deputy premier under Smith.
With files from Jade Markus, Tony Seskus
Alberta Crown prosecution felt political pressure about Coutts cases: sources
Premier Smith hasn't contacted Crown prosecutors and has no knowledge of staff doing so, her office says
On May 18, 2023, Alberta's Ethics Commissioner Marguerite Trussler released a report that included an investigation of an "allegation published by CBC that a member of the premier's staff emailed a Crown prosecutor about a case before the courts." Trussler reported that she found "no evidence of such an email," adding she can only come to the conclusion, based on the evidence that she has, that "no Crown prosecutor was emailed directly about any of the cases." At the same time, Trussler found that Danielle Smith had contravened the Conflicts of Interest Act in an interaction with the Minister of Justice and Attorney General in relation to Coutts charges, for which Smith has since apologized.
After the Ethics Commissioner's report was released, CBC News reviewed its journalism and re-interviewed a number of sources and parties to the matter. Confronted with the Commissioner's report, our sources have insisted that Crown prosecutors felt political pressure regarding the Coutts cases, but they are not able to confirm that the emails they originally described were sent directly from the premier's office to the Crown. As such, we have updated this story and related pieces, removing references to direct contact between the premier's office and prosecutors – which the premier has vehemently denied. CBC News regrets reporting direct contact by email.
Alberta Crown Prosecutors felt political pressure around their assessment and direction on cases stemming from the Coutts border blockades and protests, sources say. This comes in the wake of concerns about Premier Danielle Smith's campaign pledges to pardon or pursue amnesty for COVID-19 protesters, remarks on which she later backtracked. Some prosecutors worried about "interference" from Smith. However, there is no evidence of direct contact between the premier's office and prosecutors.
Sources told CBC News about emails from Smith's office regarding Coutts cases, but CBC News was not able to substantiate their content or confirm their existence.
In a statement provided to CBC Thursday evening, the premier's office said Smith has not been in contact with Crown prosecutors and has no knowledge of anyone on her staff doing so.
"This is a serious allegation," reads the statement. "If a staff member has been in touch with a Crown Prosecutor, appropriate action will be taken."
Last winter, more than a dozen people were charged following a blockade at the Canada-U.S. border in protest of COVID-related restrictions and vaccine mandates. Four sets of cases — ranging from weapons and mischief charges to conspiracy to commit murder offences — are currently making their way through the courts in Lethbridge.
Crown's office won't comment on potential emails
CBC News asked Kim Goddard, the assistant deputy minister of the justice department, about alleged email correspondence. Alberta Crown Prosecution Service spokesperson Michelle Davio would not provide a "yes" or "no" answer when asked repeatedly if the assistant deputy minister (ADM) had viewed potential emails.
The same question was asked of prosecutor Steven Johnston, the deputy chief of specialized prosecutions and the Crown assigned to all Coutts-related cases.
Davio wrote in an email that Goddard did "not recall" viewing emails but said "it is difficult to say with 100 per cent confidence that neither Kim [Goddard] nor Steve [Johnston] have seen the emails that you have described but not provided."
"As the Alberta Crown Prosecution Service (ACPS) has not been provided with the emails, we are unable to provide a comment," wrote Davio.
Report any communication from political staff: internal email to prosecutors
CBC News has obtained a copy of an internal email sent last Friday by Goddard to Alberta prosecutors after Smith made comments about being in contact with prosecutors, which her office later clarified as the premier using "imprecise" language. Smith added she'd only spoken with the attorney general and his deputy.
In the email, Goddard reassured prosecutors that she is committed to following the ACPS's code of conduct, which dictates that prosecutorial discretion must be free from improper pressures or influences.
"In the rare occasions that information about a particular prosecution has been requested, the proper processes have been followed," said Goddard.
The ADM went on to say she will only provide information to the attorney general or deputy attorney general.
"I will not brief other elected officials or any political staffers on details involving individual cases," wrote Goddard.
"If you are ever approached by any elected official or political staffer to discuss one of your cases it is imperative that you report such communication to your chief prosecutor or myself immediately."
Tensions and public interest
There has been tension between the ministry of justice and the premier's office when it comes to cases before the courts, multiple sources familiar with the matter told CBC News.
They explained Justice Minister Tyler Shandro and his staff were not involved in alleged emails sent to ACPS lawyers — and the ministry has been trying to reinforce the independence of prosecutorial decisions for months.
Last Friday, Smith said definitively that she had not been in contact with Crown prosecutors. That followed two previous occasions where the premier stated she'd requested a review of the COVID-related cases and asked prosecutors whether it was worth pursuing certain cases.
Premier Danielle Smith hasn't contacted Crown prosecutors and has no knowledge of staff doing so, her office said. (Jeff McIntosh/The Canadian Press)
In a December interview with Rebel News, Smith had questioned whether the cases are in the public interest to pursue and if there is a reasonable likelihood of conviction.
"I've put it to the prosecutors, and I've asked them to do a review of the cases with those two things in mind. And I'm hopeful that we'll see a true turning of the page," she said.
"And so do you continue on in prosecuting one when the public has moved on? That's the big question that the Crown has got to to come to terms with."
ABOUT THE AUTHOR
About
- Chris LysskNov 6th UpdateJust off the phone with Chris
He truly is a wonderful man. He told me he wants everyone to stop attacking me. He does not want me going through this and I told him I don’t want him going through what he is going through. He trusts me and wants me to show a couple friends of his the account and all the paperwork/numbers. We have a plan.Chris Lysak DOES NOT DESERVE THIS.132 comments
Integrity Yea Right | PDFSCRIBD.COMDavid Raymond AmosPerhaps we should talk asapDani LockhartDavid Raymond Amos can you help us shut these people down?David Raymond AmosDani Lockhart Call meDavid Raymond AmosDani Lockhart I called the Defence lawyer Tonii Roulston who are the other 3?Organizers of Coutts blockade quickly change course, say border protest will continueDAVIDRAYMONDAMOS3.BLOGSPOT.COMOttawa declares state of emergency as police boost enforcement, target protest's fuel supplyDAVIDRAYMONDAMOS3.BLOGSPOT.COMAt least the lawyers and Glen Motz cannot deny that he speaks for Tamara and Dwayne Lich in Parliament EH?DAVIDRAYMONDAMOS3.BLOGSPOT.COMDani LockhartDavid Raymond Amos why are you calling their lawyers?? We definitely don’t want people doing that.Sad SakWhy do some think they can CONTROL what others are doing? How is it up to others who people speak with? This is what bothers me most. What others say and do is NOT my issue, if the lawyers dont want someone calling I'm certain that they will make that known.Donna ChartierCan you block anyone who attack you?Dani LockhartDonna Chartier the attacks are happening on Twitter. They will happen whether she blocks them or not…they are making public posts about Granny and the men’s support groupSaying things like she stole their money to go to Scottland.Donna ChartierDani Lockhart then we have to call them out as liars when we see it.Chantelle GrayDonna Chartier I don’t know if Dani Lockhart has slept! She is non stop defending Granny on Twitter. It’s pretty great!Susan LopesDani Lockhart oh well I for one have replied to Jeremy Mckenzie. He is driving this. As I did please reply politely
Dani LockhartSusan Lopes he is driving this round of attacks…but was prompted by Jason…the narrative is the same one Jason has used against her for two months nowI replied to Jeramy…but was not concerned about being polite.Sad SakDani Lockhart Dani there are pot stirrers EVERYWHERE. If you say the sky is blue there are 10 people saying it's pink. Turn the other cheekDani LockhartSad Sak and when someone is lying about your friend…you try to stop them. This isn’t a matter of difference of opinion. Thanks for the advise though
November 6 at 2:25 PM
You sent
November 7 at 10:07 AM
Dani
November 7 at 11:38 PM
Dani
Coutts protest leaders to go on trial in 2024
Fort Macleod town councillor Marco Van Huigenbos and 2 others accused of mischief
A three-week trial has been set for the three Alberta men accused of organizing the border blockade and protests last year at Coutts, Alta.
Marco Van Huigenbos, 32, a Fort Macleod town councillor, faces a charge of mischief over $5,000, as do Alex Van Herk, 53, and George Janzen, 43.
Lawyers for the men appeared in Lethbridge court on Monday and booked a jury trial for April 2, 2024.
In March, Van Huigenbos was reprimanded for what Fort Macleod Mayor Brent Feyter described as "unacceptable behaviour."
In a letter posted to the town's website, Feyter expressed "grave concerns" about Van Huigenbos's role as a blockade organizer.
The on-again, off-again blockade at the busy Coutts crossing started on Jan. 29 and ended Feb. 15 after police raids resulted in more than a dozen arrests and the seizure of a cache of weapons, ammunition and body armour.
When interviewed the day after the raids, Van Huigenbos told CBC News the protest was "infiltrated by an extreme element" and said the remaining protesters had decided to "peacefully leave Coutts and return to [their] families."
In his testimony at the Emergencies Act inquiry in November, Van Huigenbos told the commission he felt the discovery of weapons tainted the movement.
"For me, it became very clear that every objective we were looking to achieve was no longer possible and our message had been lost," he said.
Charges dropped against 3 men
Initially, RCMP laid charges against 14 people. Four men — Chris Carbert, Chris Lysak, Anthony Olienick and Jerry Morin — are facing the most serious offences, conspiracy to murder RCMP officers.
Since then, prosecutors have dropped the charges against Luke Berk, 63, Johnson Law, 40, and Janx Zaremba, 19, who were facing mischief and weapons offences.
The four men accused of plotting to murder police officers will go on trial in June.
Unsealed court documents show RCMP ran an undercover operation and used an "imminent harm" wiretap to justify the execution of search warrants and the laying of charges.
RCMP believed the men accused of conspiring to murder police officers were stockpiling weapons to arm themselves and others in preparation for a standoff with police.
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Hundreds show up at Lethbridge courthouse to support men charged in Coutts border blockade
Fort Macleod councillor and 2 co-accused elect trial by jury
Since early morning, hundreds of people rallied on the steps of the courthouse in front of a heavy presence of police.
Protest organizer Marco Van Huigenbos, 32, as well as Alex Van Herk, 53, and George Janzen, 43, appeared on charges of mischief over $5,000 to determine next steps in their cases.
Van Huigenbos is also a town councillor in nearby Fort Macleod.
"We believe that 12 randomly chosen representative jurors reflect the common sense, the values and the conscience of the community in this very important case," defence lawyer Yoav Niv told CBC News in a statement on behalf of clients Van Huigenbos and Van Herk.
"Once disclosure is properly received, we will proceed to trial by jury immediately. There will be no deals and no concessions."
Janzen is represented by Chad Williamson, who also agreed to proceed to a jury trial.
The next court date was set for Dec. 12. Court then adjourned to allow the men's supporters to filter out without disrupting subsequent cases.
Protesters
gathered at a truck stop in southeast Calgary early Friday morning as
they prepared to drive south to Lethbridge to join a planned
demonstration at the courthouse. (Mike Symington/CBC)
The men, alongside a dozen others, were charged after protesting pandemic-related government restrictions back in late January and February.
Social media posts encouraged supporters of the three men to join a convoy to Lethbridge in order to then protest at the courthouse.
"Save the Coutts boys," reads a widely shared poster promoting the gathering on social media.
It goes on to say "Trudeau's government demands up to 10 years in prison for Coutts protesters … we need your support."
'Large crowd expected'
In an interview with CBC News on Thursday night, Van Huigenbos said the rally is also in support of the four men who were denied bail.
"There's a lot of people to support us, but it's also to show support for what we stood for and for the individuals who are still held in remand … without bail pre-trial."
The groups left from locations in Manitoba, B.C. and Alberta, including Calgary and Fort Macleod.
Lethbridge
police have a heavy presence at the courthouse as protesters gather
ahead of a court appearance for several of the men charged following the
Coutts border blockades. Police have barricades set up around the
downtown area. (Erin Collins/CBC)
Fifteen vehicles left from Calgary at 5 a.m. Photos posted to social media show a group of semis gathering near the downtown area.
The Lethbridge Police Service (LPS) said it had officers set up at several intersections "due to the influx of people and vehicles related to the court appearance of three accused in the Coutts border blockade."
LPS estimated as many as 500 people had gathered for the rally, which it described as "peaceful."
RCMP were involved in a supportive role to LPS. Cpl. Gina Slaney, spokesperson for the RCMP, says the goal was "to make sure everybody is safe and that [the protest is] lawful."
By late Friday morning, the protesters had cleared off to another location, where the plan was to hold a barbecue fundraiser in support of those still in custody.
Van Huigenbos headed to Ottawa after court
Fifteen people are facing charges connected to the Coutts border blockades which ran from Jan. 29 to Feb. 15.
On Feb. 14, the federal government invoked the Emergencies Act, allowing for temporary powers to handle the ongoing blockades and protests against pandemic restrictions.
The same day, RCMP executed search warrants in Coutts, arresting more than a dozen protesters and seizing a cache of weapons, body armour and ammunition.
Marco Van Huigenbos was one of the organizers of the protest and has been charged with mischief over $5,000. (Mirna Djukic/Radio-Canada)
Four men — Chris Carbert, Chris Lysak, Anthony Olienick and Jerry Morin — face the most serious charges, accused of plotting to murder RCMP officers.
They remain in custody and are set to go on trial next June.
Van Huigenbos, Van Herk and Janzen were charged in September, seven months after the protests ended.
The convoy arrived in Lethbridge as the Emergencies Act inquiry heads into another day of testimony in Ottawa.
The commission is examining the federal government's decision to invoke emergency powers to clear the crowds and vehicles that gridlocked the capital for more than three weeks last winter.
After his court appearance Friday, Van Huigenbos is headed to Ottawa to testify.
ABOUT THE AUTHOR
with files from Erin Collins
Trial delayed for men accused of conspiring to murder RCMP as lawyers ask for adjournment, change of venue
Chris Carbert, Chris Lysak, Anthony Olienick and Jerry Morin remain in custody
On what was supposed to be the first week of trial, lawyers for the four men accused of conspiring to murder RCMP officers during the border blockade and protests at Coutts, Alta., have asked a judge for an adjournment. Court also heard there will be an application to move the trial from Lethbridge to a different city.
Chris Carbert, Chris Lysak, Anthony Olienick and Jerry Morin were charged in February 2022. At the time charges were laid, RCMP said they had seized a cache of guns, body armour and ammunition in trailers near the protest site.
The three-week trial was supposed to begin Monday. Instead, the men are making a series of pre-trial applications before Court of King's Bench Justice David Labrenz.
A new date for the trial has not yet been set.
Dozens gather at Lethbridge courthouse
The 2022 blockade paralyzed the busy U.S. border crossing at Coutts for more than two weeks as protesters railed against COVID-19 vaccine mandates and broader pandemic health restrictions.
Besides the four men facing the conspiracy charges, more than a dozen others were also arrested and charged with less serious offences. Some of the charges have since been dropped. Two men have been convicted, and several others have yet to go on trial.
On Monday, dozens of supporters gathered at the Lethbridge courthouse for the beginning of the court case, prompting an increase in the presence of sheriffs and police.
From
left to right: Chris Carbert, Anthony Olienick, Jerry Morin and
Christopher Lysak are each accused of conspiring to murder RCMP officers
near Coutts, Alta., during the 2022 border blockade and protests. (Carbert/Facebook, Coutts Convoy Restart/Facebook, Morin/Facebook, Instagram)
On Tuesday, defence lawyer Greg Dunn, who represents Morin, asked the judge for an adjournment related to an allegation prosecutors have not yet handed over all of the evidence connected to the investigation and that some disclosure came as late as Friday.
Labrenz was told on Tuesday that lawyers will also ask for the court case to be moved from Lethbridge.
Dunn argued the men's constitutional rights have been violated because they are unable to make full answer and defence due to late and incomplete disclosure.
Disclosure is the evidence and information police and prosecutors have compiled to make a case against a person accused of a crime. The accused person's lawyer is entitled to that information so they can defend the client.
Dunn told the judge there have been 13 disclosure packages handed over from the Crown to defence lawyers, the most recent of which was on Friday.
Alberta
RCMP submitted this photo of what they say is a cache of firearms and
ammunition found in three trailers near a 2022 blockade of the
Canada-U.S. border. (Submitted by Alberta RCMP)
RCMP Supt. Kevin Kunetzki, who was the deputy criminal operations officer for the Alberta RCMP when the Coutts protests occurred, testified in the adjournment application.
He said that when he arrived in the area from Edmonton, he found the magnitude of the situation "almost unbelievable."
On weekends, the protest crowds swelled to about 1,000 people, said Kunetzki.
Undercover op kept 'pretty tight'
Kunetzki said the RCMP's objective was to support a peaceful and lawful protest, recognizing the Charter right to peacefully assemble, but he said the situation had become unsafe.
One of Kunetzki's first tasks was to find an alternative site where protesters would have good visibility but were not physically on the highway.
Shortly after arriving, Kunetzki said, he learned of a high-risk situation that "got everyone's attention" — RCMP believed some of the protesters had a "stash of guns" and "thousands of rounds of ammunition."
That's when RCMP set up an imminent harm wiretap, meaning they could listen to conversations without getting a judge's sign-off.
At the time, police also had an undercover investigation underway that was kept "pretty tight" to avoid inadvertent leaks, said Kunetzki.
Defence lawyer Tonii Roulston is now in the process of cross-examining Kunetzki on the notes he took during his time in Coutts.
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Coutts blockade supporter faces trial for allegedly driving at RCMP
Coutts protester guilty of assault at checkstop for driving truck at officer
James Sowery faced charges of assault with a weapon and dangerous driving
A southern Alberta man charged with assaulting a police officer at a checkstop connected to the Coutts, Alta., border blockade was found guilty Thursday night after jurors deliberated for six hours.
James Sowery accelerated his hydrovac truck toward Const. Cory Kornicki, who had been conducting traffic stops along Highway 4, near Milk River — a town about 20 kilometres north of Coutts — on Feb. 14, 2022.
Sowery was convicted on both charges — assault with a weapon and dangerous driving. A sentencing hearing will take place at a later date.
The Coutts border blockade, which took place over two weeks last year, drew crowds protesting governments' pandemic-related restrictions and vaccine requirements.
Court of King's Bench Justice Glen Poelman thanked jurors for their service before dismissing them just before 10 p.m.
James
Sowery says he did not intentionally swerve at an officer who, while
conducting a checkstop, was standing beside the orange pylon that was
run over by Sowery's truck. (Court exhibit)
Earlier in the day, prosecutor Aaron Rankin and defence lawyer Olivia Manzer made final arguments after jurors heard two days of evidence, including testimony from Sowery and Kornicki.
During the trial, jurors heard that Const. Kornicki had to jump out of the way of Sowery's truck as it sped toward him. An orange pylon the officer had been standing beside was crushed.
Kornicki, who works in the RCMP's traffic unit, testified the truck was travelling at around 80 km/hour while Sowery estimated his speed at about 60 km/hour.
Officer left shaken
On Feb. 14, 2022, Sowery left the Coutts protest after five nights sleeping in his truck.
He came across the RCMP checkpoint near Milk River and pulled over to the side of the road.
Sowery testified he filled out his log book and then pulled back onto the highway. He said Kornicki got out of his police vehicle and waved at him. Sowery testified he believed the officer was saying "goodbye."
But Kornicki testified Sowery "swerved the vehicle towards me." A fellow officer testified Kornicki was "tearing up and visibly shaking."
Rankin argued Sowery was "passing needlessly, dangerously close" to Kornicki.
Const. Cory Kornicki stands beside his RCMP truck, wearing the same gear he was in on Feb. 14, 2022 during the checkstop. (Court exhibit)
Afterward, when Sowery spotted police lights behind him, he pulled over, got out of his truck, dropped to his knees and put his hands in the air.
"That's how you might act if you had just been violent toward police," Rankin argued.
'Tensions are high'
Minutes later, in the back of a police vehicle, Rankin said Sowery apologized and told the arresting officer "tensions are high."
"Common sense tells us what he meant," said Rankin. "He realized he had done something wrong and he explained it."
But Manzer, Sowery's defence lawyer, pointed out her client was "compliant and cooperative" when he was arrested and suggested that if he'd intended to harm the officer, he'd likely have been "agitated, upset, belligerent."
While in hindsight, it "may have been smarter" for Sowery to slow down, Manzer said his actions did not rise to the level of dangerous driving or assault with a weapon.
"It became very obvious to [Sowery] very quickly that he had misinterpreted Const. Kornicki's actions," said Manzer.
Sowery is one of the first of more than a dozen people charged in connection with the border protests to go to trial.
Four men accused of conspiracy to murder RCMP officers have a trial set to take place in June.
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Olivia C. Manzer
Cell. 780-446-6994
Email. olivia@trachdefence.com
RCMP investigating suspected 'group of leaders' behind Coutts blockade
Court documents show RCMP investigating a suspected group of leaders thought to have issued orders from outside the Coutts border blockade.
Bosses of Alberta men accused in plot to murder Mounties still under investigation, court docs suggest
Men prepared for ‘collapse of society,’ described protest as ‘war,' police allege
Alberta RCMP are still investigating several people they believe were issuing orders to the men now accused of plotting to murder Mounties at an anti-pandemic restriction border blockade last winter, newly released court documents show.
Police have identified a suspected leadership team outside of the Coutts border protest site that wanted to see not only vaccine mandates lifted but the "elimination … of the professional political class," according to the documents.
Police ultimately foiled the alleged plan with an early morning Valentine's Day raid that resulted in the seizures of several firearms and the arrests of 13 people, including four men now charged with conspiracy to murder.
Altering political, judicial and medical systems
In the days leading up to that raid, the documents allege the bosses outside of Coutts repeatedly called and texted the men with orders.
One text message, cited by police, shows the bosses told the men to spread the message that the real goal for the protest included altering Canada's political, judicial and medical systems.
The names of those leading the four men continue to be redacted because they are the subject of an active investigation.
Men trained for months
On Wednesday, a Lethbridge provincial court judge lifted a sealing order on parts of four search warrant applications after a legal challenge from a group of news organizations, including CBC, Global, CTV, the Globe and Mail, Postmedia and the New York Times.
These new details are revealed in the applications to obtain phone recordings of the calls made by Anthony Olienick, 40, Jerry Morin, 41, Chris Lysak, 48, and Chris Carbert, 45, from the remand centres where they are being held pending trial. A judge granted those search warrants in May.
Olienick, Morin, Lysak and Carbert are all charged with conspiracy to murder, along with weapons and mischief charges. The details alleged in the court documents have not been tested in court.
Additionally, Olienick has been charged with making or possessing an explosive device, and Lysak has been charged with uttering threats.
The documents detail how police came to believe the four men trained for months, stockpiled weapons and ammunition, and were taking orders from the unidentified bosses.
During the RCMP investigation, Olienick told undercover officers that he believed "all police should die" and said protesters were prepared to "slit [officers'] throats," the court documents allege.
3 men met in gun shop
In the months before the Coutts protest, Olienick allegedly told police he met Lysak and Carbert at a gun shop in Lethbridge, according to the summary of his police interview.
He then invited the two men and Morin to his rural property in the Municipality of Willow Creek, outside Claresholm, south of Calgary, where he ran his trucking business.
The group allegedly gathered on Sundays to "hang out, BBQ and shoot" as they prepared for the "collapse of society."
They considered themselves "preppers," Olienick told police, and said they expected they'd eventually "have to defend each other."
By the time police raided Olienick's properties in February, officers allege the man had stockpiled firearms, more than 36,000 rounds of ammunition and two pipe bombs with fuses that were strong enough to blow up cars.
Officers say they also seized four gas masks, camouflage and tactical gear.
'Sheepdogs … to protect the flock'
Police have said they believe the four men were part of a subgroup of protesters who viewed themselves as a security team.
Olienick described his team as "sheepdogs … there to protect the flock," according to the documents.
As CBC and The Fifth Estate previously reported, RCMP had several undercover officers in Coutts who were posing as protesters who befriended Olienick and Carbert.
On Feb. 12, Olienick told one of the undercover officers he believed he was fulfilling "his destiny" and said he wasn't sure he'd survive "this war."
"Olienick believed the police should all die," according to the officer's notes. "He also believed that if the police brought the war to Coutts, [the protesters] will slit their throats."
Lysak called a 'hitman'
As Olienick and the undercover officer were chatting, Lysak walked out of Smuggler's Saloon, a bar in Coutts where protesters gathered.
According to the officer's notes, Olienick pointed at Lysak and described his friend as "a hitman, a gunfighter and a long-range sniper."
That undercover officer and her colleagues came to believe Olienick and the others were plotting to bring weapons to the protest site using hockey bags.
On top of that, the officer recorded Olienick's desire to fight police.
According to the officer, Olienick said he feared police would come at night "when everyone was sleeping" and he would miss the chance to rally his troops "to fight."
A 'feud' over leadership
Olienick also said he had a satellite phone and former military members on the outskirts of the protest site who would "rush in and smash through police vehicles."
The newly unsealed records also detail numerous intercepted phone calls from the four men's cellphones and show police were concerned the four men were co-ordinating to bring weapons from a second stockpile near Nanton.
Police said they intercepted a phone call between Olienick and an unnamed man in which the two discussed a "detailed list" of items to be brought to the protest site.
The records suggest tension between those on the ground and the people directing them who had not yet shown up to the protest site.
Carbert told the undercover officers there was a "feud" over leadership and training, and that he had called one of the bosses "a coward" who could not be bothered to come to the protest when he, Lysak and Olienick were "getting ready to f--king go."
The arrests
Late in the afternoon on Feb. 13, police intercepted text messages to Olienick requesting a meeting between the bosses, Olienick, Lysak and Carbert. The boss, whose name is redacted, told Olienick not to bring cellphones and instead use their radios.
When they got back to Coutts, officers arrested Lysak and charged him with uttering threats toward a police officer.
Later that night, police raided a property near the protest site, seizing weapons and arresting 13 people, including Carbert and Olienick.
Meanwhile, Morin had returned to his home near Olds, north of Calgary. On the morning of Feb. 14, police intercepted phone calls to Morin's phone from one of the bosses.
Morin told the caller he was planning to go back to Coutts.
"Morin said he was not going to go down there and shoot people" before the caller "interrupted to say sarcastically 'Oh, let's talk about that over the phone, you f--king idiot.'"
Olienick's Telegram conspiracy theory
Police followed Morin from his home as he drove south, arresting him near Calgary.
Once the four men were arrested, they gave interviews to police.
In his interview with police, Olienick told officers he believed the blockade would end only when police sided with protesters and the military stood down.
"When asked about the conspiracy to commit murder, Olienick said nothing happened but the firearms were in case RCMP pulled the trigger first," the court documents said.
Olienick also told police he believed that when that happened, Canada would be invaded by a United Nations-directed army of Chinese troops to install a "totalitarian communist regime" with "executions and gas chambers."
Olienick said he learned this false conspiracy theory from Telegram.
Men made calls from jail
Once the three men were incarcerated in remand centres, their phone records showed they called the bosses directly or allegedly made contact with them through family members, police said.
The applications for the search warrants sought recordings of those phone calls in part because police believed the men may have discussed allegations circulating in media reports that they had been connected with an extremist network called Diagolon.
The court documents do not outline whether police have any specific evidence connecting Diagolon to the men or the alleged conspiracy.
Olienick, Lysak, Carbert and Morin are scheduled for trial in June 2023.
ABOUT THE AUTHOR
How anger, faith and conspiracy theories fuelled the trucker convoy - The Fifth Estate
Alberta men accused in plot to murder Mounties saw undercover cops as 'girls' who could help: court records
Female undercover officers befriended protesters acting as ‘security’ for Coutts border blockade
Newly released records show police believed the Alberta men now accused of plotting to murder RCMP officers debated having two women smuggle a hockey bag filled with guns into a protest against pandemic-related restrictions, suggesting they would go unnoticed by police because they were "girls."
However, those two women were actually undercover police officers.
The next day, RCMP launched a rare "imminent harm" wiretap, which is permitted to be executed without a judge's sign-off when there is an immediate threat to safety.
The blockades and protests at the Coutts border crossing in southern Alberta began on Jan. 29 and ended following the Feb. 14 pre-dawn execution of warrants on trailers and property, which resulted in RCMP seizing more than a dozen firearms, as well as ammunition and body armour.
In the aftermath of the searches, 14 people were charged criminally, with four men — Jerry Morin, 41; Chris Lysak, 48; Chris Carbert, 45; and Anthony Olienick, 40 — facing the most serious offence: conspiracy to murder RCMP officers.
The four men also face a weapons and mischief charge.
Additionally, Olienick faces a charge related to an allegation he had a pipe bomb that police say they seized from his rural property in the Municipality of Willow Creek outside Claresholm, south of Calgary.
These new details are revealed in search warrant applications, also known as ITOs, which describe the two key investigative tactics — the undercover operation and the wiretaps — used to justify charges, raids and further searches.
Four ITOs were unsealed and filed with Lethbridge Provincial Court on Wednesday after a legal challenge from a group of news organizations, including CBC, Global, CTV, the Globe and Mail, Postmedia and the New York Times.
Although the documents were unsealed, redactions and an interim publication ban prevented many of the details from being reported — most notably, information gleaned from wiretaps, statements made by the four accused to police and inflammatory statements made to undercover officers.
The media consortium will have a full hearing on Sept. 29 to determine if the publication ban will be lifted for remaining redactions.
Police allege guns to be shipped in hockey bag
The unsealed documents show that when they were filed, RCMP believed Olienick, Carbert and Morin were part of a sub-group of protesters who "were arming themselves for a standoff against police."
Police believed three of the four men facing conspiracy to murder charges knew each other and made plans prior to the Coutts border blockade, according to the documents.
On Feb. 10, two female undercover officers — referred to in the document by pseudonyms — posed as protesters and befriended Olienick and Carbert at a Coutts bar called Smuggler's Saloon. The two officers reported that they had witnessed the planning of a suspected shipment of guns in a hockey bag that night, according to the undercover officers' notes.
The documents say Carbert then asked Olienick if he "preferred to use guitar cases like they usually did," but "Olienick said the package was too big and they needed a hockey bag."
The plan was to meet Morin at a check stop along the train tracks near the protest site, where he would hand over a "heavy" delivery.
The documents detail a conflict over whether the undercover officers would help. Carbert felt the hockey bag would be too heavy for the women to lift, but Olienick believed it was a perfect cover.
"Olienick believed that the police would not think much of it if [the two women] carried the bag because they were 'girls,'" reads one of the ITOs.
Officers ordered to leave suspected 'gun exchange'
When the undercover officers told the men they were "fine with guns," the document states that neither Carbert nor Olienick denied the bag contained firearms.
Although the undercover officers did arrive at the checkpoint with Olienick, Carbert and Morin, their supervisor told them to leave and not be involved in what they believed was going to be a "gun exchange," the records say, so they did not see the hockey bag.
Based on the undercover officers' observations, RCMP "[believed] Morin provided firearms to Olienick and Carbert for the purpose of using those firearms to shoot at and kill police officers."
From
left to right: Chris Carbert, 44; Anthony Olienick, 39; Jerry Morin,
40; and Christopher Lysak, 48. They are each accused of conspiring to
murder RCMP officers near Coutts, Alta., during the border blockade and
protests earlier this year. (Carbert/Facebook, Coutts Convoy Restart/Facebook, Morin/Facebook, Instagram)
The situation at Coutts was intensifying leading up to the Valentine's Day police raids.
The day after the hockey bag handover, RCMP launched an imminent harm intercept, meaning they could set up wiretaps of the suspects without the typically required court authorization, because they believed their officers were in danger.
But under the heading "Imminent Harm Interception of Private Communication" in one of the ITOs, 54 paragraphs and subparagraphs are blacked out with redactions.
'Arming themselves for a standoff'
The four released ITOs contain very little information about the fourth man, Lysak. There is a fifth ITO, which prosecutors successfully argued should remain sealed because it relates to an ongoing investigation.
Social media posts have connected two of the men to a network called Diagolon, an American-style militia movement birthed in Nova Scotia with white supremacist beliefs.
Members of the network want to establish a white nationalist state through violence, according to experts in extremism.
The social media accounts belonging to Carbert and Lysak connect the pair to Diagolon, including a photo of Lysak posing with the group's founder, Jeremy MacKenzie.
Two Diagolon patches were found on body armour seized during the execution of RCMP search warrants at Coutts on Feb. 14.
This
cache of firearms, body armour and ammunition was found in three
trailers near the blockade of the Canada-U.S. border, police say. (Submitted by Alberta RCMP)
The main searches were conducted on trailers on the property of Joanne Person, halfway between Smuggler's Saloon in Coutts and the protest site.
Person, who faces less serious charges connected to the blockade, had been hosting several of the protesters, including Olienick, Carbert and two other men who were not identified in the documents. A gun registered to Lysak was seized from Person's property during the search.
Men involved in sophisticated security team
By the second week in February, RCMP had identified a sophisticated security team that allegedly included Olienick, Morin and Carbert.
Olienick kept watch over several live surveillance feeds that showed RCMP officers' movements within the protest area and at various checkpoints, undercover officers noted.
Those officers spotted body armour, a laminated map and the live video feed in Olienick's truck, which led to police commenting on "the sophistication of the security role," according to the ITOs.
RCMP are seen policing the Coutts, Alta., border protests on Feb. 9. (Nassima Way/CBC)
Olienick, who communicated with protest leadership through an intermediary, told undercover officers that protesters had "access to hundreds of firearms and ammunition within Coutts," the court records allege.
"I believe that Olienick's involvement as security within the Coutts blockade involves structure, hierarchy and organization," the document says.
Police also believed they would find "documents and data related to planning, organization and operations of the protest group's security for the Coutts blockade" at one of Olienick's properties.
The search warrant application also alleges Olienick disclosed that protesters had brought in more semi tractors and farm equipment to "barricade themselves from the RCMP because they were breaching the borders of the town."
'Search by night' raids
Late on Feb. 13, police arrested Lysak outside Smuggler's Saloon and charged him with uttering threats toward a police officer.
By this time, police had applied to search Person's property and stated in their application they wished to do so at night, when fewer protesters would be present.
"I believe there will be a significant risk to police, public and protestor safety when executing this search warrant, including protestors attempting to swarm, obstruct and attack police," the document said.
Protesters
from the blockade at the border crossing near Coutts, Alta., pass
through the Milk River blockade site on Highway 4 on Feb. 15, as police
officers look on. (CBC)
In the early hours of Feb. 14, officers raided trailers on Person's property and seized a weapons cache, including a handgun registered to Lysak. Olienick and Carbert were arrested in the course of the raids on the property.
'This is war'
The morning after the raids, police surveilled Morin's home and followed him discreetly for nearly an hour and a half before pulling his truck over in Calgary at 12:23 p.m.
Police found two weapons in his truck, but also applied for a search warrant for Morin's home because, the documents allege, he had disclosed in previous days that he had more firearms than what police recovered during his arrest. Another gun was seized at Morin's house, according to the ITOs.
The ITOs also referenced social media posts made by some of the accused, including Morin, who posted a video to Facebook during the protests.
In a video titled "Call to Action" posted the day before his arrest, Morin encouraged others to join the protest.
"This is war," Morin said.
Investigators believed group had more members, weapons
The RCMP's investigation into the alleged planned attack continued after they arrested the four men. Police also applied to search a rural property belonging to Olienick near Claresholm. Officers said they believed he had guns there and "was part of a group that spoke about using firearms against police."
"Police have not yet identified all members of the group and I believe there were members of the group that were not present in Coutts," police said.
Police also learned that in the months leading up to the protests, Olienick had ordered different accessories for a handgun, despite not having one registered in his name, according to the documents.
According to the records, this included magazine holders, a holster that could accommodate a handgun with an attached light, and a shot timer, which police noted are typically used for exercises "intended to improve shooting speed and accuracy while shooting quickly."
Police believed Olienick had equipment stored outside of Coutts, which members of his "group" were planning to transport into the protest area.
"I believe equipment intended for Coutts did not arrive," wrote one investigating officer.
- Please send any tips on this story to fifthtips@cbc.ca
Clarifications
- After publication, the court issued additional redactions. This article has been updated.Oct 05, 2022 5:07 PM MT
Corrections
- Undercover officers allege they met Chris Carbert and Anthony Olienick on Feb. 10. A previous version of this article incorrectly said Feb. 11.Mar 08, 2023 2:38 PM MT
Tears from man accused of conspiring to murder RCMP officers as bail denied
Jerry Morin, 40, goes to trial with 3 other men next June
An Alberta man accused of conspiring with three others to murder RCMP officers during blockades and protests at the Coutts border has been denied bail.
The other three were denied bail earlier this year.
Jerry Morin appeared over closed-circuit television, apologizing for his unshaven appearance, explaining he'd been "in the hole the last week."
Morin cried several times throughout his court appearance Monday, including when lawyers discussed a potential no-contact order with his girlfriend after the judge refused to release him.
In the end, prosecutor Matt Dalidowicz agreed to leave Jacqueline Martin's name off the no-contact list, which includes the other 12 people charged in connection with the protests at the Coutts crossing in January and February of this year.
Court of Queen's Bench Justice Johnna Kubik denied Morin's release after hearing submissions from Dalidowicz and defence lawyer Greg Dunn on June 30.
All of the arguments, evidence and judge's reasons for detention are protected by a publication ban.
Connection to far-right militia group
Morin, Chris Lysak, Chris Carbert and Anthony Olienick each face charges of conspiracy to murder, possession of a weapon and mischief.
They were charged in February after raids on trailers parked near the protest area resulted in RCMP seizing a cache of guns, body armour and ammunition.
On some of the seized body armour were patches belonging to a far-right militia called Diagolon.
A trial for the four men has been scheduled for June 2023. All four have now been denied bail pending trial.
Ten others, including Martin, face less serious charges connected to the protests.
'This is war'
In a video titled "Call to Action" and posted to Morin's Facebook page the day before his arrest, he called the Coutts situation "war" and encouraged others to join the fight.
In the video, Morin and Martin — who faces a charge of mischief over $5,000 — call on people to come to Coutts to participate in the blockade.
"Come on down tonight, there's no excuses, this is war," he says. "Your country needs you more than ever now."
ABOUT THE AUTHOR
Coutts arrests: new details on the men and women charged in border blockade
4 of those charged are accused of conspiring to murder RCMP officers
Previous criminal convictions, a willingness to die for the cause and connections to a violent insurrectionist movement.
CBC News has learned new details about some of the men and women arrested in connection with the Coutts, Alta., border blockades on Monday.
Thirteen people were charged following incidents involving physical threats to RCMP officers' safety and raids on trailers near the protest area, which resulted in the seizure of a cache of weapons and body armour.
The on-and-off blockade of the normally busy border crossing by people opposed to COVID-19 health restrictions lasted more than two weeks before protesters pulled out on Tuesday following the arrests.
Alberta
RCMP submitted this photo of what they say is a cache of firearms and
ammunition found in three trailers near an ongoing blockade of the
Canada-U.S. border. (Submitted by Alberta RCMP)
An American-style militia movement
Of the four southern Alberta men accused of conspiring to murder RCMP officers, two have ties to a man who founded a neo-fascist, white supremacist group that aims to accomplish its goals through violence.
Chris Carbert, 44, of Lethbridge, Anthony Olienick, 39, of Claresholm, Jerry Morin, 40, of Olds and Christopher Lysak, 48, of Lethbridge all face charges of conspiracy to murder, a weapons offence and mischief over $5,000.
Carbert and Lysak both have ties to Jeremy MacKenzie, the Nova Scotia founder of Diagolon, a group described by University of New Brunswick professor David Hofmann as an American-style militia movement.
Last month, RCMP raided MacKenzie's home and seized several firearms after a video was posted to social media showing MacKenzie pointing a gun at a man's head.
'Gun or rope'
According to the search warrant application filed in support of that raid, RCMP reported MacKenzie twice referred to Diagolon in the video.
The goal of the group, says Hofmann who studies far right movements, is to establish a "diagonal" white nationalist state.
Those who believe in the Diagolon movement feel a civil war is needed to create a new state that would run diagonally from Alaska, through western Canada's provinces, all the way south to Florida.
"And they want to accomplish this through violence," says Hofmann. "Their motto quite simply states gun or rope."
Two Diagolon patches were found on body armour seized by police during the execution of the Coutts search warrants.
MacKenzie is currently in Ottawa and has posted at least one video in support of the arrested Coutts protesters in the last couple of days.
Willing to die for the cause
Several videos of MacKenzie's diatribes have been posted to Carbert's Facebook page.
In videos posted to his Facebook page, Carbert repeatedly said he was prepared to die in protest of government mandates.
"I won't live long, I've come to terms with this," he wrote in one post last October.
"I'll likely be dead soon and likely will be front page news."
"They can try to come for me and my family, but I guarantee it won't go as smooth as they hope. I will die fighting for what I believe is right and I mean this!"
This
photo of a Canadian flag, mounted at a saloon in Coutts, Alta. was
posted to Christopher Carbert’s personal Facebook page on February 5. It
shows the signatures of nine of the people facing charges. (Facebook/Reddit)
Although there is a conspiracy theory online among supporters of the Coutts protest that those arrested were outsiders, had just arrived in the area and were not part of the blockade group, a photo of a giant Canadian flag posted by Carbert's personal Facebook page on Feb. 5, shows the signatures of nine of those facing charges.
Carbert has prior convictions for assault, drug trafficking and two drunk driving convictions.
'This is war'
"This is war," said Jerry Morin, 40, in a video he titled "Call To Action" posted to his Facebook page.
The video was posted on Sunday, one day before Morin and his spouse Jaclyne Martin, 39, were arrested.
In the video, Morin and Martin — who faces a charge of mischief over $5,000 — call on people to come to Coutts to participate in the blockade.
"Come on down tonight, there's no excuses, this is war," he says. "Your country needs more than ever now."
A trip to Ottawa
Ursula Allred, 22, Justin Martin, 22, Eastin Oler, 22 and Janx Zaremba, 18, all grew up within a 15-minute drive of each other in towns south of Lethbridge.
The four are co-workers, all employees at a lighting business in the Calgary area.
Allred, Martin and Oler live together as roommates in the southeast community of Copperfield.
On Feb. 3, Allred posted photos of herself with friends at the Ottawa protests holding anti-Trudeau signs.
All four have been released on bail and none have prior criminal charges.
'My god, please help us'
Joanne Person, 62, lives in Coutts within a few hundred metres of the border.
In fact, Person lives so close to the protest location, several of the protesters were storing personal items at her home, according to information detailed at her bail hearing Tuesday.
It was around 1 a.m. on Monday when she posted about RCMP officers coming to make their arrest.
"The full tactical is at my home they are [telling] us to leave the home and that they are entering," she wrote.
"My god. Please help us."
Prior criminal convictions
Luke Berk, 62, has previous convictions for assault and drunk driving.
His latest Facebook post is a prayer to Jesus.
"Your people are standing firm not just against mandates, not just against tyranny, not just against the loss of liberty and freedom, but against the evil that has swept across the land," he wrote.
Evan Colenutt, 23, has previous fish and wildlife-related convictions including for hunting off season.
Colenutt's eight co-accused, facing the same charges of mischief and possession of a weapon, were granted bail with the consent of the prosecutor, Steven Johnston.
Johnston did not say why he wasn't prepared to support Colenutt's release.
Johnson Chichow Law, 39, was convicted of assault with a weapon in 2002.
Over the years four other assault and weapons charges were withdrawn.
On Tuesday, RCMP said their investigation remains ongoing as they look into the extent to which those arrested are connected with broader insurrectionist groups across the province and country.
Editors' note — CBC has updated the headline on this story to reflect the varying backgrounds of those arrested and charged at Coutts, Alta.
Corrections
- Alberta RCMP originally stated that Jaclyne Martin was charged with mischief to property over $5,000 and possession of a weapon. On Feb. 24, they issued a correction, saying she was charged only with mischief to property.Feb 24, 2022 4:59 PM MT
With files from Rob Easton
4 Alberta border protesters charged with conspiring to murder RCMP officers
Young roommates among 9 others charged in blockade at Coutts, Alta., judge hears
The first 11 protesters to be arrested ahead of two others who were taken into custody later on Monday made their first court appearance Tuesday afternoon on charges that include conspiracy to murder, mischief and possession of a weapon.
The on-and-off blockade of the normally busy border crossing by people opposed to COVID-19 health restrictions has lasted more than two weeks.
The arrests followed an RCMP raid of trailers in the early morning hours on Monday when officers seized guns, body armour, a large quantity of ammunition and high-capacity firearm magazines.
Conspiracy to murder police officers
Most of the accused face charges of mischief to property over $5,000 and possession of a weapon.
Four also face an additional charge of conspiracy to murder with one man also charged with uttering threats.
In a news conference late Tuesday afternoon, RCMP confirmed the conspiracy charge related to allegations the four were planning to kill officers.
"I can tell you that it was toward RCMP members," said RCMP Chief Supt. Trevor Daroux.
"We worked very closely with our Crown in ensuring we had the evidence going forward to lay the charge and put it before the courts."
Roommate co-workers charged
Prosecutor Steven Johnston and defence lawyer Yoav Niv have made arrangements for most of the accused to be released on bail. Those facing conspiracy to murder charges must have a bail hearing before a superior court judge at a later date.
Despite court docs showing they are from Magrath and Raymond, Alta., it came to light that the four youngest people charged are co-workers in Calgary with three of the friends living in the city as roommates.
Since the early morning hours on Monday, at least 13 people were arrested in relation to a protest against pandemic restrictions near the main U.S. border crossing in southern Alberta.
Here are the names, charges, ages and hometowns for the accused, who all live in Alberta.
Ursula Allred, 22, Magrath.
- Mischief to property over $5,000.
- Possession of a weapon.
Luke Berk, 62, Red Deer.
- Mischief to property over $5,000.
- Possession of a weapon.
Chris Carbert, 44, Lethbridge.
- Conspiracy to murder.
- Possession of a weapon.
- Mischief to property over $5,000.
Evan Colenutt, 23, Raymond.
- Mischief to property over $5,000.
- Possession of a weapon.
Johnson Chichow Law, 39, Calgary.
- Possession of a weapon.
- Mischief to property over $5,000.
Christopher Lysak, 48, Lethbridge.
- Conspiracy to murder.
- Possession of a weapon.
- Mischief to property over $5,000.
- Uttering threats.
Justin Martin, 22, Raymond.
- Possession of a weapon.
- Mischief to property over $5,000.
Stewart Eastin Oler, 22, Raymond.
- Possession of a weapon.
- Mischief to property over $5,000.
Anthony Olienick, 39, Claresholm.
- Conspiracy to murder.
- Possession of a weapon.
- Mischief to property over $5,000.
Joanne Person, 62, Coutts.
- Possession of a weapon.
- Mischief to property over $5,000.
Janx Zaremba, 18, Raymond.
- Possession of a weapon.
- Mischief to property over $5,000.
On Tuesday evening, RCMP named two additional people facing charges:
Jaclyne Martin, 39.
- Mischief to property over $5,000.
Jerry Morin, 40.
- Conspiracy to murder.
- Possession of a weapon.
- Mischief to property over $5,000.
Bail conditions include no more protests
Alfred, Oler, Zaremba, Berk, Law, Person and Justin Martin have been released on bail with the consent of the Crown.
They are bound by conditions, including that they have no contact with their co-accused, they are not allowed to be within 200 metres of a protest and they are not permitted south of Milk River, except for Person, who lives in Coutts.
Each member of the group is allowed to go back to the protest area once, with a police escort, to retrieve items and vehicles left behind after their arrests.
All seven will be back in court on March 15.
Others to remain behind bars
Three of those facing conspiracy to murder charges — Carbert, Lysak and Olienick — will have a bail hearing in superior court at a later date. They're due back in court on Friday, likely to set a date for those applications.
Although Colenutt is facing the same charges as those who were released, the prosecution would not consent to his release. Johnston did not explain why.
The bail status of Jaclyne Martin and Jerry Morin was not known at press time.
On Monday, Mounties said they received information about a small organized group within the larger protest. That group, according to RCMP, had access to a cache of firearms and ammunition.
In a raid of three trailers, officers seized long guns, handguns, multiple sets of body armour, a machete, a large quantity of ammunition and high-capacity firearm magazines.
Protest organizer Marco Van Huigenbos said the protest was "infiltrated by an extreme element" and a decision was made for the remaining group to roll out from Coutts on Tuesday morning.
As of 11 a.m. MT, the Canada Border Services Agency reported that operations at the Coutts crossing had resumed.
Corrections
- Alberta RCMP originally stated that Jaclyne Martin was charged with mischief to property over $5,000 and possession of a weapon. On Feb. 24, they issued a correction, saying she was charged only with mischief to property.Feb 24, 2022 4:47 PM MT
'Threat was very serious': RCMP provide update on Coutts arrests after blockade ends
Investigation remains ongoing into armed group, say police
Deputy Commissioner Curtis Zablocki says the RCMP weapons seizure and arrests on Monday speak to "serious criminal activity" that was "real and organized" amid the now disassembled border blockade at Coutts, Alta.
Threats became known to the RCMP days into the protest. Through investigations and intelligence, a "heavily armed group" was revealed.
RCMP reiterated that conspiracy is a serious charge based on evidence that there is a commitment to follow through with murder.
The investigation remains ongoing into the extent to which those arrested are connected with broader insurrectionist groups across the province and country.
Marco Van Huigenbos, one of the organizers of the protest, told CBC News on Tuesday that organizers were not aware of the element involved in the charges.
Chief Supt. Trevor Daroux said parsing out groups that infiltrate protests and demonstrations from the larger group can be complex.
"It's difficult to determine. That split that you talk about isn't always as clear as you might think it is," he said.
RCMP also said they were aware of a video circulating on social media of officers hugging and high-fiving protesters.
"We do encourage our members to engage with the public and develop respectful, professional relationships with all Albertans," Zablocki said. "We'll be looking further into this matter and taking any necessary steps."
Truckers
from the blockade at the U.S. border left voluntarily on Tuesday and
passed through Milk River, Alta. RCMP had designated a legal protest
site there and were monitoring traffic. (CBC)
The international border crossing at Coutts, which had been blocked since Jan. 29 by protesters opposed to Canada's vaccine mandates, opened Tuesday morning as demonstrators left voluntarily, the RCMP said.
RCMP spokesperson Gina Slaney said the protest had cleared out significantly and traffic was able to cross the border in both directions.
The Canada Border Services Agency also confirmed to CBC News around 11 a.m. that the port of entry had reopened.
Premier Jason Kenney said Monday that the Mounties informed him they would begin to clear the blockade after an early morning raid saw police make arrests and seize weapons, ammunition and body armour.
The potential for escalating violence should serve as a wake-up call to protesters to go home immediately, he said.
"Glad to see that almost all protesters at the Coutts border crossing and nearby checkpoints have now gone home. This is great news for the hundreds of truckers who cross the border every day," the premier said on social media Tuesday.
Coutts Mayor Jim Willett told CBC News on Tuesday that the discovery of the weaponry was "disturbing" and said it was the catalyst that ended the protest.
"[The protesters have] been here for longer than I believe that they thought they would be. It didn't really start out with much of a plan for a blockade," Willett said.
"Once that undesirable element moved into town and [protesters] heard about that, well, it was enough, I think, to provide an impetus to call an end to this."
'Some huge wins,' protest organizer says
The protest by people opposed to COVID-19 vaccine mandates had impeded or outright blocked access to the normally busy border crossing for more than two weeks.
Deputy Prime Minister Chrystia Freeland has said $48 million in trade was lost each day that the Coutts border was closed.
Van Huigenbos said protesters would have "loved to stay" until more of their goals were met but felt it was in their best interests to leave peacefully.
"We're not walking away with everything we came for, but there was definitely some huge wins," Van Huigenbos said about the lifting of most COVID-19 public health restrictions in Alberta.
Kenney announced the end of measures that included Alberta's vaccine passport program on Feb. 8, but he has denied it was due to pressure from the protest.
"Our careful plan to get life back to normal is not based on anybody protesting, it's just based on the fact that restrictions are not needed now to protect the health-care system," Kenney said during a news conference Monday.
13 people facing charges
Police have now arrested 13 people — 11 in an initial pre-dawn raid on Monday on three trailers, plus two more later that day.
One man was arrested on the highway as he was en route to the protest site. Police said they seized two weapons from his vehicle. He remains in custody.
In a second incident, around 12:45 p.m., a semi truck approached an RCMP check stop north of Milk River, Alta. RCMP said the driver sped up and drove toward police but swerved at the last moment and hit some traffic cones that were on the roadway.
Most of the accused face charges of mischief to property over $5,000 and possession of a weapon. Four also face an additional charge of conspiracy to murder, with one man also charged with uttering threats.
Alberta
RCMP submitted this photo of what they say is a cache of firearms and
ammunition found in three trailers near the blockade of the Canada-U.S.
border. (Submitted by Alberta RCMP)
Two tactical vests seized by the RCMP had badges on them, which the Canadian Anti-Hate Network said are associated with troubling movements.
One vest appears to have a "Diagolon" patch on it, a white diagonal line across a black rectangle, which is linked to an often conspiratorial and antisemitic group, explained Peter Smith from the network. He said this group often talks about a soon-approaching civil war.
"[Their] rhetoric is very violent," said Smith. "One of the, kind of, common phrases used within the community is 'a gun or rope?"'
The other patch said "Infidel" in both English and Arabic in yellow. Smith said this patch doesn't indicate membership to a specific network but is known among Islamophobic militias and biker-style hate groups.
He said the biggest worry is having these niche extremist networks linked to what was supposed to be a peaceful protest that could work to inflame supporters.
'We were not aware of this element'
Van Huigenbos said the protest was intended to be peaceful, and the accused weren't well-known to most of its participants.
"I mingled with them, right? They introduced themselves," Van Huigenbos said.
"They sat [at] our tables, ate our food. We did have our eye on them a bit. There was ... activity that was concerning. But we were not aware to this element."
Van Huigenbos said other protesters were shocked when reports and photos of weaponry emerged.
"There would have never been any violence on our part," he said.
Trudeau invokes Emergencies Act
Prime Minister Justin Trudeau said Monday he was invoking the Emergencies Act for the first time in Canada's history to give the federal government temporary powers to handle ongoing blockades and protests against pandemic restrictions.
The unprecedented deployment of the act gives police more tools to restore order in places where public assemblies constitute illegal and dangerous activities, such as blockades and occupations, he said.
Trudeau said the act also would enable the RCMP to enforce municipal bylaws and provincial offences where required.
Kenney said Monday he doesn't believe invoking the act is necessary in Alberta.
"We have the legal powers that we need. We have the operational resources that we need to enforce, and I think at this point for the federal government to reach in over top of us without offering anything in particular would frankly be unhelpful," said Kenney.
With files from Erin Collins, Meghan Grant, The Canadian Press and Reuters
Alberta RCMP say large tractor attempted to ram officer at Coutts border blockade | FULL
Alberta RCMP make arrests at Coutts Border Blockade
February 14, 2022
Coutts, Alberta
News release
The Alberta RCMP recently became aware of a small organized group within the larger Coutts protest. Information was received that this group had access to a cache of firearms with a large quantity of ammunition. The group was said to have a willingness to use force against the police if any attempts were made to disrupt the blockade. This resulted in an immediate and complex investigation to determine the extent of the threat and criminal organization.
As a result of this investigation, the Alberta RCMP executed a search warrant during the early hours of Feb. 14, on three trailers associated to this criminal organization. This resulted in the arrest and detainment of 11 individuals.
As result of these search warrants, the following was seized:
- 13 long guns
- handguns
- multiple sets of body armour
- a machete
- a large quantity of ammunition
- high capacity magazines
An example of the militant mindset of a small segment of the protest, earlier in the evening, at approximately 8:00 p.m., a large farm tractor and a semi truck, both involved in the blockade, attempted to ram a police vehicle. The police officer was able to reposition and avoid the collision. RCMP officers followed the suspects to a location where the protesters were gathered. The driver of the tractor was identified and we are actively working to locate him so he can be taken into custody. The Alberta RCMP have seized the farm tractor and semi truck involved in this incident.
The Alberta RCMP wants to emphasize that our primary goal throughout this event has been and will continue to be the safety of the public, as well as our officers.
The Alberta RCMP will resume efforts to end the illegal blockade which has prevented access to the Coutts border. We encourage all participants who are involved in this illegal action to leave immediately or relocate to the designated site for the legal protest.
The Alberta RCMP will provide further updates as they become available.
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- Date modified:
https://www.givesendgo.com/lysakdefensefund
Defend Chris Lysak
Campaign Created by: Kim Watson
The funds from this campaign will be received by Kevin Watson.
Chris Lysak of Alberta, Canada has been held in a remand detention
center since February, 2022 on charges stemming from the Coutts border
protest of state imposed vaccine mandates that were destroying our
economy and way of life for countless Canadian citizens.
Chris
has two young girls who will be spending their second consecutive
Christmas without their father. Chris does not have a criminal record
and has been denied bail in a troubling case of public interest that has
caught international attention.
Everyone has the right to due
process and a fair trial with access to reasonable bail. Chris has been
charged with conspiracy to murder law enforcement officers which carries
a life sentence if convicted. We do not believe that Chris is guilty of
these outrageous accusations and deserves the same kind of spirited,
thoughtful and robust defense that is the right of every Canadian man
and woman.
Unfortunately, Chris and his family have been
stretched to their breaking point in enduring this ongoing legal
nightmare. Unable to work and with an elderly father to care for, he is
at the mercy of the justice system. If no one comes to his rescue, his
chances of success are grim this late into the proceedings.
All
is not lost, however. There is a highly capable and well respected legal
team ready and waiting to assist. This is a time sensitive matter due
to the late stages of proceedings, we are in the 11th hour of retaining
effective legal counsel that can deliver a positive outcome and have
only days to come up with the necessary retainer.
If we the people do not defend ourselves, what fate do we deserve ?
Chris
tried his best to stand for all of us against what he believed was a
gross instance of government overreach and persecution. When we were
denied access to our own family funerals, stripped of employment,
education, our families divided and worse due to the ongoing policy
directed from Ottawa, Chris and many others showed up to stand in the
way. We must act in kind and protect this man and prove to his daughters
and the world that the people of this country he so strongly believed
in do not stop at mere words.
Chris needs our help. It's him today. Who is it tomorrow?
Your son? Your father?
You?
Canadians dont leave Canadians behind.
**
CHRIS
LYSAK HAS PERSONALLY GIVEN BLESSING TO THIS ENDEAVOR. INQUERIES AND
QUESTIONS CAN BE DIRECTED TO LYSAKDEFENSE@PROTONMAIL.COM
ALL FUNDS RECEIVED WILL BE EXPEDIENTLY DELIVERED TO THE TRUST ACCOUNT OF THE LYSAK LEGAL TEAM
PERTINENT UPDATES WILL BE POSTED AS PROGRESS IS MADE
Joanne Person at Coutts Fundraiser
Author
Joanne Person Lawsuit Against RCMP & Media
Campaign Created by: Satchi
The funds from this campaign will be received by Joanne Person.
Joanne Person of Coutts Alberta was there for everyone during the Coutts protest and now she needs our help. She suffered horrendous injustice, violence and hardship at the hands of the police, prison guards, and media. She was wrongfully arrested on bogus charges which the CROWN later withdrew because she refused to accept their plea deals and courageously self represented using both the Canadian and Alberta Bill of Rights. Joanne was boots on the ground giving humanitarian aid for people at the Coutts protest. She brought hot food and drinks in the middle of a cold winter, to those stranded in their vehicles, welcomed them into her home to shower while she washed their clothes. Joanne also cared for the sick, quarantined in her home and allowed two of the Coutts protestors to park their travel trailers on her property. Joanne was a true Good Samaritan and her only "crime" was kindness. Hundreds of people passed through her doors and benefited from her generosity.
Joanne now needs our help. She suffered serious injuries to her shoulders, wrists, aggravated hernia, and broken teeth from the excessive use of force by the police during her arrest. This is assault. While in custody she was intentionally sleep deprived, denied her essential heart meds which she had brought with her, threatened, humiliated and traumatized. This is illegal.
Although completely innocent, she was slandered in the press which resulted in losing her job as a teacher of 29 years, creating great financial hardship.
Joanne works a few hours a week for a minimum wage. This is not enough funds to pay for legal consultations, medical and dental fees. Joanne will self-represent and hold those who harmed her accountable in a court of law
Joanne Person was exonerated from all Coutts Convoy Charges and is now preparing a lawsuit against the RCMP, and Media. Joanne intends to self-represent for this lawsuit but still needs funds for legal fees for trial transcripts, legal consultations, and other costs incurred in carrying out this legal action. Your donation will pay for these legal fees.
Your donation will also pay for medical/dental fees to repair the damage done by the police. . For those who prefer, donations can also be made directly to Joanne at kindness62@proton.me
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