Legal Battle Escalates Over 2022 Coutts Border Blockade Convictions

In a significant legal development, two men convicted of mischief and firearms offences related to the 2022 Coutts border blockade are appealing their convictions, while prosecutors are pushing for new trials on more serious charges of conspiring to murder RCMP officers, charges for which the men were acquitted.

Appeals Filed by Both Sides

Four appeals have been submitted to the Alberta Court of Appeal concerning Anthony Olienick and Chris Carbert. The men, who were convicted in August of mischief over $5,000 and possession of a weapon dangerous to the public peace, are seeking to overturn their convictions. Olienick also faced an additional conviction for possessing a pipe bomb.

• Sentencing: Both men were sentenced to six-and-a-half years by Court of King's Bench Justice David Labrenz.
• Acquittals: They were acquitted of the conspiracy to murder charges, which the Crown is now contesting.

Crown Seeks New Trials

The prosecution is pressing for the province's highest court to mandate new trials on the conspiracy charges, arguing that the trial judge mishandled evidence and jury instructions.

• Prosecutor's Argument: The Crown's appeal indicates errors in excluding admissible evidence and providing incorrect jury instructions.

Defence Pursues Acquittals or Reduced Sentences

On the other side, Carbert and Olienick's legal teams are appealing for acquittals on the weapons and mischief charges or a reduction in their sentences.

• Defence's Argument: The defence claims that the jury's verdicts were inconsistent and that evidence from improperly issued search warrants should have been excluded.

Jury Verdicts and Legal Arguments

During the trial, evidence was presented showing that both men believed their actions were justified as a stand against perceived political tyranny. However, Justice Labrenz emphasized that taking the law into their own hands was not permissible.

• Inconsistent Verdicts: Carbert's lawyer, Katherin Beyak, has highlighted inconsistencies in the jury's verdicts as a key point of her appeal.
• Unfit Sentences: Beyak argues that the trial judge's findings were unsupported by evidence and contrary to the jury's verdict of not guilty on conspiracy charges.

Context and Previous Cases

The arrests of Carbert and Olienick occurred after authorities discovered firearms, ammunition, and body armour in trailers near the blockade, which was part of a protest against government pandemic measures. Earlier this year, two other protesters involved in similar charges, Christopher Lysak and Jerry Morin, pled guilty to lesser firearms offences and received time-served sentences.

Next Steps

As the legal proceedings unfold, both parties await the scheduling of appeal arguments. The outcome of these appeals could have significant implications for future protest-related legal actions and the broader dialogue around civil disobedience and law enforcement.

In the meantime, the debate continues over the balance between justified protest and the boundaries of legal conduct, with this case serving as a poignant reminder of the complexities inherent in such matters.