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Alberta

Conspiracy charges dropped, Chris Lysak, Jerry Morin released after agreeing to plea deals

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7 minute read

From the Frontier Centre for Public Policy

By Ray McGinnis

” the Crown dropped conspiracy to commit murder of police, and mischief charges, against both Lysak and Morin. The Crown got a plea deal from Lysak and Morin on minor firearms charges. These charges the two pled guilty to were never part of the original indictment that prompted their arrests. “

Two of the four men at the Coutts blockade arrested in February 2022, accused of conspiracy to commit murder and mischief – Chris Lysak and Jerry Morin – are free men. They were released on February 6, 2024. They remained in custody in remand centres for 723 days. While in custody, Morin was in solitary confinement for 74 days.

After relying on legal aid lawyers with little results, in November 2023 Lysak crowdfunded for better counsel. His new lawyer Daniel Song brought a section 8 charter application to examine the Crown’s case against his client. Suddenly, the Crown dropped conspiracy to commit murder of police, and mischief charges, against both Lysak and Morin. The Crown got a plea deal from Lysak and Morin on minor firearms charges. These charges the two pled guilty to were never part of the original indictment that prompted their arrests.

Lysak and Morin are now reunited with their families and will begin the long journey to rebuild their lives. Both are fathers. Morin is a lineman and Chris Lysak is an electrician.

Lysak pled guilty to improper storage of a firearm which was properly registered under his name and legally purchased. The Crown also dropped charges against Chris Lysak for uttering threats.

Though the RCMP released a shocking photo of a stash of weapons around a table with an RCMP cruiser in the background, the majority of weapons on display turned out to have no connection to any of the four men arrested on conspiracy to commit murder charges. The RCMP photo was taken before Jerry Morin was arrested west of Calgary around noon on February 14, 2022. Morin was on the way to work for a rancher on a farm when he was arrested by a SWAT team.

These men were in deteriorating health and facing financial ruin. And the Crown knew this. Once they pled guilty to the minor charges, they were free men.

Dropping conspiracy to commit murder of police officer charges by the Crown is significant. News of the arrests was pointed to in the Rouleau Report as key to its justifying invocation of the Emergencies Act on February 14, 2022, by the Liberal government. Now that these charges are dropped it appears the Crown and the RCMP never had evidence to convict the accused of conspiracy to commit murder. Instead, they put them through gruelling custody in remand centres, hoping to break them. The decision to deny them bail for nearly two years was politically motivated. They were deemed too dangerous to be granted bail on one day. Then on the next they were released and deemed no threat to the public.

Lysak and Morin refused earlier offers to plea guilty. But after two years the strain of the whole ordeal led them to agree to a coerced confession to new charges in order to survive.

The plea deal was struck in a courtroom outside of the courtroom where the pre-trial motions were set to begin at 10 AM on February 6. The dropping of serious charges and confession to new minor firearms charges, and release of these two men came as a surprise.

A friend of Chris Lysak, Fort Macleod councillor Marco Van Huigenbos, said “723 days pretrial is a travesty of justice in Canada, and it has to be treated as such. There has to be a full inquiry into these prosecutions.”

Is all that is required to deny bail for those accused of serious crimes to argue that their release will undermine confidence in the justice system? The justice system is not immune from corruption or politicization. What confidence can citizens have in it? It appears lawfare is alive and well in Canada. The case of the Coutts Four shows that the Crown have the power to lay serious charges against citizens and let them linger for years in custody without bail or trial. 

Is all that is required to make the Crown walk back charges of conspiracy to commit murder a smart lawyer who knows how to make a section 8 charter application?

On January 15 Chris Carbert was denied bail for the second time. The lawyer who successfully represented Chris Lysak, Daniel Song, is now being considered to represent Chris Carbert (along with his existing lawyer) at the upcoming February 20 court hearing. The remaining ‘Coutts Two’ – Chris Carbert and Tony Olienick – will be at that hearing. Olienick has just hired a new lawyer who needs to get up to speed on the details of the case.

Is the Crown now proceeding with a charge of conspiracy to commit murder against Carbert and Olienick, when it has conceded that Lysak and Morin were not part of a conspiracy? Carbert and Olienick are scheduled to stand trial in June.

 

Ray McGinnis is a senior fellow with the Frontier Centre for Public Policy. His forthcoming book is Unjustified: The Emergencies Act and the Inquiry that Got It Wrong

Watch Ray McGinnis on Leaders on the Frontier here. September 27, 2023 (70 minutes)

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Alberta

Alberta introduces bill banning sex reassignment surgery on minors

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From LifeSiteNews

By Anthony Murdoch

Alberta Conservative Premier Danielle Smith followed through on a promised bill banning so-called ‘top and bottom’ surgeries for minors.

Alberta Conservative Premier Danielle Smith made good on her promise to protect kids from extreme transgender ideology after introducing a bill banning so-called “top and bottom” surgeries for minors.

“It is so important that all youth can enter adulthood equipped to make adult decisions. In order to do that, we need to preserve their ability to make those decisions, and that’s what we’re doing,” Smith said in a press release.

“The changes we’re introducing are founded on compassion and science, both of which are vital for the development of youth throughout a time that can be difficult and confusing.”

Bill 26, the Health Statutes Amendment Act, 2024 “reflects the government’s commitment to build a health care system that responds to the changing needs of Albertans,” the government says.

The bill will amend the Health Act to “prohibit regulated health professionals from performing sex reassignment surgeries on minors.”

It will also ban the “use of puberty blockers and hormone therapies for the treatment of gender dysphoria or gender incongruence” to kids 15 and under “except for those who have already commenced treatment and would allow for minors aged 16 and 17 to choose to commence puberty blockers and hormone therapies for gender reassignment and affirmation purposes with parental, physician and psychologist approval.”

Alberta Minister of Health Adriana LaGrange, the bill’s sponsor, said the province’s legislative priorities include “implementing policy changes to continue our refocusing work, position our health care system to respond to pressures and public health emergencies, and to preserve choice for minors. These amendments reflect our dedication to ensuring our health care system meets the needs of every Albertan.”

Earlier this year, the United Conservative Party (UCP) provincial government under Smith announced  she would introduce the strong pro-family legislation that strengthens parental rights, protecting kids from life-altering, so-called “top and bottom” surgeries as well as other extreme forms of transgender ideology.

With Smith’s UCP holding a majority in the provincial legislature, the passage of Bill 26 is almost certain.

While Smith has done far more than predecessor Jason Kenney to satisfy social conservatives, she has been mostly soft on social issues such as abortion and has publicly expressed pro-LGBT views, telling Jordan Peterson that conservatives must embrace homosexual “couples” as “nuclear families.”

This weekend, thousands of UCP members will gather for the party’s annual general meeting, where Smith’s leadership will be voted on along with many other pro-freedom and family policy proposals from members. Smith is expected to pass her leadership review vote with a large majority.

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Alberta

Alberta court upholds conviction of Pastor Artur Pawlowski for preaching at Freedom Convoy protest

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From LifeSiteNews

By Clare Marie Merkowsky

Lawyers argued that Pastor Artur Pawlowski’s sermon was intended to encourage protesters to find a peaceful solution to the blockade, but the statement was characterized as a call for mischief.

An Alberta Court of Appeal ruled that Calgary Pastor Artur Pawlowski is guilty of mischief for his sermon at the Freedom Convoy-related border protest blockade in February 2022 in Coutts, Alberta.

On October 29, Alberta Court of Appeal Justice Gordon Krinke sentenced the pro-freedom pastor to 60 days in jail for “counselling mischief” by encouraging protesters to continue blocking Highway 4 to protest COVID mandates.

“A reasonable person would understand the appellant’s speech to be an active inducement of the illegal activity that was ongoing and that the appellant intended for his speech to be so understood,” the decision reads.

Pawlowski addressed a group of truckers and protesters blocking entrance into the U.S. state of Montana on February 3, the fifth day of the Freedom Convoy-styled protest. He encouraged the protesters to “hold the line” after they had reportedly made a deal with Royal Canadian Mounted Police to leave the border crossing and travel to Edmonton.

“The eyes of the world are fixed right here on you guys. You are the heroes,” Pawlowski said. “Don’t you dare go breaking the line.”

After Pawlowski’s sermon, the protesters remained at the border crossing for two additional weeks. While his lawyers argued that his speech was made to encourage protesters to find a peaceful solution to the blockade, the statement is being characterized as a call for mischief.

Days later, on February 8, Pawlowski was arrested – for the fifth time – by an undercover SWAT team just before he was slated to speak again to the Coutts protesters.

He was subsequently jailed for nearly three months for what he said was for speaking out against COVID mandates, the subject of all the Freedom Convoy-related protests.

In Krinke’s decision, he argued that Pawlowski’s sermon incited the continuation of the protest, saying, “The Charter does not provide justification to anybody who incites a third party to commit such crimes.”

“While the appellant is correct that peaceful, lawful and nonviolent communication is entitled to protection, blockading a highway is an inherently aggressive and potentially violent form of conduct, designed to intimidate and impede the movement of third parties,” he wrote.

Pawlowski was released after the verdict. He has already spent 78 days in jail before the trial.

Pawlowski is the first Albertan to be charged for violating the province’s Critical Infrastructure Defence Act (CIDA), which was put in place in 2020 under then-Premier Jason Kenney.

The CIDA, however, was not put in place due to COVID mandates but rather after anti-pipeline protesters blockaded key infrastructure points such as railway lines in Alberta a few years ago.

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