Both Coutts blockade leaders denied parole over 'lack of accountability'
Board notes Chris Carbert 'quiet and respectful' in prison, Anthony Olienick 'unproblematic'
One of the two men serving a sentence for their actions during the Coutts pandemic-era border blockade and protest has been denied parole despite a largely glowing review of his time in prison.
The other man's time behind behind bars was described as "unproblematic" but he was also denied parole, as the Parole Board of Canada found both men demonstrated a lack of accountability for their actions.
Chris Carbert and Anthony Olienick were convicted of mischief over $5,000 and possession of a weapon for a dangerous purpose. They were acquitted of the more serious charge of conspiring to murder RCMP officers during the 2022 border protest.
In September, both men were handed 6½-year sentences, but with credit for the time he'd served pending trial, Carbert had two years, seven months left behind bars.
Seven months into his remaining 31-month sentence, Carbert applied for parole. A hearing took place before two Parole Board of Canada members.
"You have dedicated yourself to personal growth through various educational and spiritual activities," reads the parole board report.
'Quiet and respectful'
The board's 10-page, recently released decision sheds light on Carbert's progress in prison and the reasons the board denied him release on both day and full parole.
The decision notes that Carbert completed his high school diploma, worked three prison jobs, attended Bible college and completed vocational tickets.
Carbert is described in the document as "quiet and respectful," having "not demonstrated any evidence of an attitude of disrespect for authority."
During his hearing, the board noted Carbert described attending the Coutts protest as "the worst decision you have ever made."
'Your thoughts became disoriented'
In the months leading up to the convoy, Carbert began stockpiling food and supplies in preparation for living off-grid.
"The global pandemic appears to have contributed to your self-radicalization by way of online information through untrustworthy sources," reads the report.
"Your thoughts became disoriented and you did not consider alternatives," reads the report.
Anti-mandate
demonstrators gather as a truck convoy blocks the highway at the U.S.
border crossing in Coutts, Alta., on Jan. 31, 2022. (Jeff McIntosh/The Canadian Press)
The week-long blockade involved semis, trucks and farm vehicles as protesters railed against government-imposed public health measures.
Carbert was among a small group identified as acting as security for the convoy.
Two weeks into the protest, Carbert and three others were arrested after police seized a number of guns, body armour, high-capacity magazines and thousands of rounds of ammunition.
Many of the seized weapons were found in a trailer Carbert was staying in with two others.
Prepared to engage
Investigators believed Carbert saw the protest as a war against police and was fully prepared to engage officers with deadly force.
None of the four men were convicted of the most serious offence they faced: conspiracy to murder RCMP officers.
Earlier this year, Christopher Lysak and Jerry Morin pleaded guilty to firearms offences and were handed time-served sentences.
In sentencing Carbert and co-accused Anthony Olienick, the judge noted there was a credible threat to police and the public.
"Both armed themselves for the purpose of using those weapons against police," said Justice David Labrenz.
"Fortunately, neither man decided the timing was right for a surprise attack."
'Lack of accountability'
When asked about the harm he had caused, Carbert noted the "inconvenience" he'd created for people looking to travel across the border.
The board found this was one example of Carbert's "attempts to minimize" his involvement and evidence of "cognitive distortions."
When questioned about the firearms found in his trailer, Carbert told the panel that he had one gun for coyote hunting and the other gun was for "showing off."
"You demonstrated a lack of accountability for your actions, particularly as it relates to the stockpiling of firearms and ammunition, and their intended purpose," wrote the board.
Appeal pending could cause problems
Another problem the board found was that Carbert refused to discuss certain aspects of his crimes because of a pending appeal.
When this happens, the parole board reverts back to the judge's findings, said Amy Matychuk, a lawyer and the founder of Prison and Police Law, a firm that specializes in prison justice and police misconduct.
"It might not be the fact that the appeal is pending but just that the parole board considers having an appeal pending as being an indication that someone doesn't take accountability … they are so focused on accountability."
Matychuk suspects the board was looking for Carbert to identify risk factors that led to his offences.
"They wanted him to say 'my risk factors were, I was isolated: here are the steps that I'm taking to make sure I am not isolated … my risk factor was that I was radicalized online: here's what the steps I'm taking to not become radicalized online anymore,' and he just didn't seem willing to admit that he had been radicalized, perhaps," said Matychuk.
"I think that they wanted him to give them more detail about why he wouldn't make the same decision again."
Olienick's prison behaviour 'unproblematic'
Olienick's application for parole was heard by the same two-person board.
In a written submission, Olienick cited his prison behaviour to date, and the board acknowledged he had "completed 44 bible study classes, attended chaplaincy services (including music therapy) and engaged in educational upgrading."
But they said these factors carried "minimal weight" in light of Olienick's personal history and the lack of accountability he has demonstrated.
"In the institution, your behaviour has been unproblematic, but there is limited evidence of any change in your thought processes or decision-making, insight into your crime cycle or any true accountability for the harm that you caused," they wrote in their decision.
They noted Olienick, 42, had lived a "generally prosocial life prior to incarceration" but has not demonstrated a grasp of the severity of his crimes, which included possession of two pipe bombs.
'Baffling' grasp of seriousness of offence
The explosives "directly jeopardized" officers who searched his property, the board noted in their decision.
"In addition, you armed yourself with firearms for the express purpose of potentially engaging in a shootout with the police if and when you deemed it necessary," the board wrote.
During the hearing, the board noted, Olienick described himself as "not a violent person" and said he does not have "any ill intent."
"Given the nature and gravity of the index offences and the specific facts found by the court, your answer is baffling," the board wrote.
They added: "It makes the board wonder, do you regret your actions or the fact that you were caught?"
Olienick is also appealing his conviction.
So too is the Crown, which is seeking new trials for Carbert and Olienick on the more serious charge of conspiring to murder RCMP officers, for which both men were acquitted.
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With files from Robson Fletcher
https://www.cbc.ca/news/canada/nova-scotia/hells-angels-hitman-dean-kelsie-paul-derry-1.7272648
Police informant warns against release of former Hells Angels hitman
Dean Daniel Kelsie is out of prison and back on day parole
A police informant whose testimony helped put Dean Daniel Kelsie behind bars says last week's decision to release the former Hells Angels hitman on day parole is a mistake.
Paul Derry, who says he has known Kelsie since he was six years old, does not mince words when it comes to his assessment of his former friend.
"He will kill again and that's not me being scared of anybody or any vendetta against Deano," Derry said in an interview with CBC News.
At a hearing on July 18, the Parole Board of Canada decided to release Kelsie, 50, on day parole for a period of six months.
Kelsie is serving a life sentence for murder. He shot and killed Sean Simmons in the lobby of an apartment building in north-end Dartmouth, N.S., in October 2000. Three other men were also charged in the killing, which was allegedly ordered by a member of the Hells Angels who was upset that Simmons had an affair with his wife.
The case has taken a long and winding road through the justice system. Neil William Smith and Wayne Alexander James were sentenced to life in prison for their part in the murder. Steven Gareau had charges against him stayed in 2018.
Derry, who drove Kelsie and the others to the apartment building, was a police informant; his testimony was instrumental in their convictions.
First granted parole in 2021
Kelsie was originally convicted of first-degree murder. After the decision was overturned on appeal and a new trial ordered, the Supreme Court of Canada refused a bid by Nova Scotia prosecutors to reinstate the first-degree murder conviction, instead substituting a conviction for the lesser charge of second-degree murder.
He was first granted day parole in 2021, and his release was reviewed every six months. But his release was suspended in January of this year and he was sent back to prison after he threatened a co-worker at the job he'd landed outside of prison.
Derry, who contacted CBC News after reading of Kelsie's release, said the decision could have grave consequences.
"If the parole board continues to let Deano out on any kind of release, he is eventually going to kill somebody," Derry said Monday.
"He has not changed a bit. That's very apparent by everything you've watched over the last couple of years since his appeal, his last trial."
The board has imposed special conditions on Kelsie's release. They include that he abstain from drugs and alcohol, not associate with anyone with a criminal record, stay away from the Simmons family and take anger management training.
Simmons family also opposes release
Kelsie's case management team and the Simmons family both opposed his release on day parole.
The parole board found that Kelsie is better able to control his emotions and is less likely to get into confrontations. Kelsie noted at his parole hearing that he has lined up a job that will mostly involve him working by himself, thereby reducing the risk of conflict.
Derry said Kelsie only began behaving differently after the Supreme Court decision in March 2019.
"It wasn't until all of a sudden, when he had his last appeal and they decided to drop the charges to second-degree, all of a sudden he had a spiritual awakening and [got] in touch with his Aboriginal roots."
Derry was placed in witness protection for his testimony, although he feuded with RCMP after he said police failed to heed his warning that a murder was being planned.
Derry said life has been hard on his family.
"Watching my family go through what they've gone through has been difficult," he said.
"There's no end to this sentence. I mean, never mind the fact that you have to constantly think about the part you played in those things but you also have to look at what your family goes through because of what you do now, even if you've changed, it doesn't change the damage that's done and that continues to go on."
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https://www.cbc.ca/news/canada/calgary/coutts-protesters-face-jail-2022-blockade-1.7428120
One Alberta man gets jail, another community time for 2022 Coutts border protest
The pair were convicted of mischief over $5,000 for their part in the blockade
One Alberta man has been sentenced to jail and another ordered to serve community time for their roles in the illegal Coutts border blockade in 2022.
Marco Van Huigenbos was sentenced to four months in jail Friday and Gerhard (George) Janzen received a three-month sentence, which is to be served in the community. Janzen was also ordered to complete 100 hours of community service by the end of his sentence.
Neither accused showed emotion and spectators packing the courtroom stayed silent as Justice Keith Yamauchi delivered the sentence in Lethbridge Court of King's Bench. He had ordered both men to leave the tables with their lawyers and sit inside the prisoner's box. Both men surrendered their phones and wallets.
Yamauchi told the pair the illegal blockade affected the lives of many Canadians and said, "The sentence must make it clear that the majority of Canadians denounce their actions."
"The protesters and offenders thought they had a legitimate cause. They undertook the vigilante approach of taking over Highway 4 until their demands were met. This is a significant case of mischief and a period of incarceration is warranted," Yamauchi said.
As the two men left the courtroom, Van Huigenbos's lawyer handed over his client's phone and a single coin to a family member.
One person in the crowd said "Bye Marco." Another added "I love you Marco. God bless."
The judge said Janzen had expressed real remorse for his actions but Van Huigenbos had not.
The pair were convicted of mischief over $5,000 for their part in the blockade, which tied up cross-border traffic with the United States for two weeks to protest COVID-19 pandemic rules and vaccine mandates.
A third man, Alex Van Herk, was to have been sentenced as well. However, Van Herk's lawyer told court Thursday he has been fired by the defendant. Van Herk was granted 30 days to find new legal representation.
During the original trial in April, Mounties testified that as the protest dragged on, officers increasingly turned to the three men to negotiate. The Crown argued the trio became the faces of the blockade and spoke on behalf of protesters.
On Thursday, Crown prosecutor Steven Johnston recommended Van Huigenbos be sentenced to nine months in jail and Janzen six months. Johnston said Van Huigenbos had a higher leadership profile and therefore should get more jail time.
Johnston told court it's about sending a broader message that actions have consequences.
"The most appropriate sentence for these gentlemen is to sentence them to a term of jail — real jail," Johnston said. "You can't break the law and not expect to be punished for it."
Brendan Miller, the lawyer for Van Huigenbos, asked Yamauchi to grant an absolute or conditional discharge. Failing that, Miller asked for a suspended sentence or no more than two months' of time served in the community.
Marco
Van Huigenbos, seen here at the protest in 2022, was sentenced to four
months in jail Friday for his role in the border blockade. (Mirna Djukic/Radio-Canada)
Miller told court Van Huigenbos's underlying motive was political advocacy and the desire to be heard by the government. He said Van Huigenbos did not steer or incite the blockade and acted no differently than the hundreds of other protesters, but was unfairly singled out because he spoke to and became a liaison to police.
Alan Honner, representing Janzen, said he would also like his client to be given an absolute discharge, a fine or a suspended sentence, saying his client played a minor role.
Janzen apologized to the court Thursday.
"Our actions, well intended to voice our concerns on important issues, adversely affected the daily lives of many in Milk River and Coutts," he said.
"For this I am sincerely sorry.
"Laws were broken. This was not in line with our intentions to promote change through peaceful and lawful means."
The Crown said it's an aggravating factor that the men were motivated by politics.
"Politically motivated crime always is a calculated decision.… We don't change our governments in this country through criminal acts," Johnston said.
"This was the hostage taking of a highway with the goal of creating political change."
The 2022 COVID protests sparked polarized debates across Canada on individual rights versus collective responsibility. That emotional debate has been reflected at the Coutts court hearings.
Outside of court, Honner said the outcome was positive.
"We're very pleased with the outcome in one way. We're pleased that Mr. Janzen avoided a sentence of actual imprisonment and we're happy he received a conditional sentence of a short duration," he said.
Miller said he was disappointed at the four-month sentence and so was his client.
"Of course he's disappointed. At the end of the day, it was always understood that jail was on the table," said Miller.
"The sentence is what the sentence is ... the remedy here is to go to the Court of Appeal if you don't like what happened and the court will consider whether to create a remedy."
On Friday, about 300 people lined up outside court to get one of the 90 seats available.
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Protester at Coutts border blockade gets 90-day community sentence
Alex Van Herk was one of three men found guilty of mischief
The last of three protesters convicted of mischief for his role in a border protest in southern Alberta has been given a 90-day conditional sentence to be served in the community.
Alex Van Herk will perform 100 hours of community service and be on one year's probation for his role in the Coutts blockade over COVID-19 rules that tied up traffic for days at the U.S. border in 2022.
Delivering the sentence Friday, Justice Keith Yamauchi said Van Herk was not one of the leaders of the blockade and is on his way to rehabilitation. The 55-year-old was one of three men found guilty of mischief for their roles in the blockade.
Van Herk, in a statement read by his lawyer, apologized to the court prior to sentencing.
"He expresses his sincere remorse for the inconvenience and for the disruption that was caused — disruption to the police and everyone who had to deal with it," defence lawyer Darren Mahoney said.
"He has learned through the course of this proceeding … that the actions that he did were wrong and it is not justifiable to break the law."
Crown prosecutor Steven Johnston had urged Yamauchi to impose a three- or four-month term in jail to send the message that political beliefs don't justify law-breaking.
"Mr. Van Herk is no sheep. He's a man who is not a follower," Johnston told court. "He's a leader. He's a strong-willed man."
Johnston said a pre-sentence report was largely positive but noted risks were identified with Van Herk's attitude and social influence.
"He feels pride. He feels he's a patriot. That's a common theme for people convicted of a political protest. He continues to believe he gets to pick which laws he obeys," Johnston said. "That's anarchy."
Johnston said Van Herk tried and failed to end the protest early and stayed until the end.
Mahoney urged Yamauchi to impose no jail time but rather a year's probation and community service.
"He's a good person who made a mistake. He'd never take an action like that again," Mahoney told court. "He's clearly learned from the experience. We can't punish him for thinking differently.
"They thought at the time they were doing the right thing on behalf of the community."
The two others convicted alongside Van Herk have already been sentenced.
Marco Van Huigenbos was handed four months in jail while Gerhard (George) Janzen received a three-month sentence and 100 hours of community service.
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