Anti-mandate demonstrators gather as a truck convoy blocks the highway the busy U.S. border crossing in Coutts, Alta., Monday, Jan. 31, 2022.Jeff McIntosh/The Canadian Press
Loud cheers erupted outside a Lethbridge courtroom after a jury found two men not guilty of conspiring to murder police during the border blockade in Coutts, Alta.
But Anthony Olienick and Chris Carbert were found guilty of mischief over $5,000 and possession of a weapon for a dangerous purpose. Mr. Olienick was also found guilty of possession of an explosive substance, described as pipe bombs, during the two-month trial.
Before jurors delivered the verdict, Alberta Court of King’s Bench Justice David Labrenz warned the gallery to maintain its composure. “I understand that, for many of you, this is quite the emotional moment, and I understand for the accused, it’s a very emotional moment,” he said.
“Whatever your feelings are about the verdict, you can express them. But not here.”
Outside of the courtroom, supporters were hugging and crying.
Katherin Beyak, counsel for Mr. Carbert, and Marilyn Burns, who represents Mr. Olienick, were met with applause when the exited the courthouse.
“We love you guys. Thank you,” one woman said.
Ms. Beyak replied: “We’re just glad it worked out.”
Both lawyers said it was too soon to say whether they would appeal any of the convictions, but said their clients are relieved.
“The jury put in a lot of hard work and came to the right result on the conspiracy to commit murder charge. I think it was an overcharge to begin with,” Ms. Beyak said.
Ms. Burns said it was a “tremendous relief,” but she was not surprised.
“We had a very thoughtful jury. It took plenty of time to think things over and, in the course of the trial, we could tell they were a thoughtful group. So, I think they came to a thoughtful and reasonable and reasoned decision.”
The men will next appear in court Aug. 12. They will remain in custody until then.
The five men and seven women on the jury began deliberations late Wednesday after a lengthy charge from Justice Labrenz. He directed the jurors to focus only on the evidence brought forward at trial and not base their decision on sympathy or prejudice for anyone involved in the case.
Mr. Olienick and Mr. Carbert were arrested in February, 2022, after police found a cache of weapons, ammunition and body armour in trailers near the protest, which was borne from grievances with COVID-19 restrictions and blocked the Canada-U.S. border for roughly two weeks.
Additional weapons, including pipe bombs, were found at the home of Mr. Olienick, which landed him the charge of possession of an explosive substance.
During its deliberations, the jury asked the judge a single question, whether Mr. Olienick had to remember having pipe bombs or if it was enough to have had it in his possession to be found guilty of the charge.
Jurors ask about pipe bomb while discussing verdict in Coutts murder-conspiracy trial
Justice Labrenz said the jury can find Mr. Olienick guilty if they determine, without a reasonable doubt, that at some point he knowingly and with control had possession of the substance.
The Crown argued throughout the two-month trial that both men planned for violence against police officers, working with others to ferry in weapons to Coutts.
Defence counsel submitted neither man had an actionable plan to harm police officers. Witnesses, including three undercover officers, wiretaps and electronic communications were given as evidence during the trial.
Mr. Carbert took the stand in his own defence, whereas Mr. Olienick did not.
Marilyn Burns, representing Ms. Olienick, said her client was pulled into a “disastrous police investigation” and that undercover officers played up his role in the blockade because of his “self-described importance.”
Ms. Beyak told court her client fell into a rabbit hole during the COVID-19 pandemic and was a “bit of a wing nut” but not a murder conspirator.
The lawyers attempted to put their clients at a distance from one another during their closing remarks, while the Crown wove Mr. Olienick and Mr. Carbert’s stories together, arguing they planned and were prepared to fight police.
Justice Labrenz instructed jurors that any evidence of Mr. Olienick and Mr. Carbert’s perceived “bad character” could not be used to assume their guilt, no matter how shocking or distasteful their anti-government or alternative world views appeared.
For example, one of the undercover officers said Mr. Olienick told her that he would “slit the throats” of police if they raided the blockade. Furthermore, during an interview with police, he said he wanted Prime Minister Justin Trudeau hung for treason.
Mr. Carbert, in a text to his mother, wrote: “If they start the violence, I am just telling you there will be war and casualties of war.” He believed that a civil war would erupt in Canada because of government tyranny, Mr. Beyak said in her closing statement.
Two other men, Jerry Morin and Chris Lysak, were also charged in the murder-conspiracy, but they pleaded guilty to lesser charges in February. Mr. Morin received a 3.25-year sentence for conspiring to traffic firearms, and Mr. Lysak received three years for possession of a firearm in an unauthorized place. Both sentences were satisfied with time served in remand.
In April, three men in a separate case were found guilty of mischief for their roles in the border blockade. The Crown accused the trio – Marco Van Huigenbos, Alex Van Herk and George Janzen – of being ringleaders.
They could face up to 10 years in jail but have yet to be sentenced.