A truck convoy of anti-COVID-19 vaccine mandate demonstrators block the highway at the busy U.S. border crossing in Coutts, Alta., on Feb. 2, 2022.Jeff McIntosh/The Canadian Press
Two men convicted of having weapons at the two-week border blockade in southern Alberta in 2022 have been sentenced to 6½ years in prison.
Alberta Court of King’s Bench Justice David Labrenz took roughly two hours to deliver his sentencing decision on Monday in a Lethbridge courtroom, packed with supporters of Anthony Olienick and Chris Carbert. He emphasized the potential for carnage had a shootout with police erupted at the demonstration in Coutts, Alta., and the need to deter other protesters from interfering with critical infrastructure.
A 12-person jury last month found Mr. Olienick and Mr. Carbert guilty of possession of a weapon for a dangerous purpose and public mischief over $5,000. Mr. Olienick was also convicted of possession of an explosive, described during the two-month-long trial as two pipe bombs. Both men were acquitted of the more serious charge of conspiracy to murder police.
The two men were among the protesters who blocked Highway 4 at Coutts, restricting access to an important U.S. border crossing, to pressure governments to end public-health restrictions designed to stem the spread of COVID-19. Protests took place across the country and demonstrators were particularly offended by vaccine mandates.
RCMP, on Feb. 14, 2022, raided trailers near the Coutts protest site and found a cache of weapons, ammunition and body armour. Mr. Olienick and Mr. Carbert had guns in Coutts, with the expressed purpose of using them against police, Justice Labrenz said.
“Had the offenders decided to use their firearms before their arrest, it is not hard to envision the tragic consequences,” he said.
The danger, Justice Labrenz said, is illustrated by the offenders’ own words: “Neither expected to survive,” he said.
The pair have been in remand since RCMP arrested them in February, 2022. With credit for time served, each man is now expected to serve about two years in prison. Justice Labrenz imposed a lifetime ban on firearms for both men, who must also submit a DNA sample.
The justice sentenced Mr. Olienick to six years in prison for the weapon charge, while giving Mr. Carbert 6½ years. Mr. Carbert received a stiffer punishment because he violated an earlier gun prohibition.
Justice Labrenz also sentenced each to six months for the mischief conviction, to be served concurrently. The justice also said Mr. Olienick must serve an additional six months for the conviction related to the two pipe bombs.
The Crown pushed for a nine-year sentence for each of the convicted, while defence lawyers asked that they be released given their extended stay in remand.
Marilyn Burns, Mr. Olienick’s lawyer, said her client will appeal both the conviction and sentence tied to the guns, and the sentences related to the explosive and mischief charges.
“The sentence is excessive with strong political features,” she told reporters outside the courthouse. “Justice Labrenz commented extensively regarding the political nature of the protest, about the men choosing to come to the protest despite having other avenues” to influence a political shift.
Mr. Carbert intends to appeal both of his sentences, as well as the conviction related to the guns, according to his lawyer, Katherin Beyak. She told reporters that the justice sentenced the men based on what harm could have happened rather than what did happen.
The Alberta Crown Prosecution Service declined in a statement to comment, citing the appeal period. The Crown is considering appealing the not-guilty verdict tied to the conspiracy to commit murder charges.
Justice Labrenz emphasized the principle of deterrence when dealing with the mischief charges, which stemmed from the pair’s participation in the highway blockade. The justice called it “an attack on the rule of law” by protesters who felt they did not need to use democratic tools to spur change. He noted that not all Canadians hold the same values.
“It is not difficult, for that reason, to envision the anarchy that would follow should every person who feels disaffected or disgruntled with the law decide that their cause merits interference with public infrastructure,” he said.
Mr. Olienick and Mr. Carbert knew their actions were illegal, Justice Labrenz said, “but they did not care, because they believed they had a worthy cause.”
Mr. Olienick addressed the court before the justice delivered his sentencing decision. He thanked the people who have supported him since his arrest.
“May you all be blessed by God, stay strong, live free, spread love not war,” he said.
Four men were originally charged in the murder-conspiracy, but Jerry Morin and Chris Lysak pleaded guilty to lesser charges in February. Mr. Morin was sentenced to 3¼ years for conspiring to traffic firearms, while Mr. Lysak got three years for possession of a firearm in an unauthorized place. Both sentences were satisfied with time served.
A separate jury found three other men guilty of mischief over $5,000 for their roles in the Coutts blockade during a separate case in April. Marco Van Huigenbos, Alex Van Herk and George Janzen were accused by the Crown of being ringleaders. Court of King’s Bench Justice Keith Yamauchi is expected to hand down sentences for the trio on Sept. 27.
Mr. Van Herk, who was in the courtroom when Mr. Olienick and Mr. Carbert were sentenced, told reporters the Coutts cases reflect what he views as the federal government’s desire to justify its use of the Emergencies Act to end protests across the country in early 2022.
“I believe there is a lot of political pressure still involved, even in the decisions today,” Mr. Van Herk said outside the courthouse.
With files from The Canadian Press