Alberta
‘Fireworks’ As Defence Opens Case In Coutts Two Trial
From the Frontier Centre for Public Policy
By Ray McGinnis
Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.
Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.
Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”
On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”
One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”
Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.
Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.
Alberta
Alberta court upholds conviction of Pastor Artur Pawlowski for preaching at Freedom Convoy protest
From LifeSiteNews
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.”
However, defence lawyer Sarah Miller pointed out that that Pawlowski’s sermon was protected under freedom of speech, an argument that Krinke quickly dismissed.
“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.
Alberta
New Sheriffs unit to enhance public safety in Red Deer and Central Alberta
A new team of Alberta Sheriffs will work alongside police to keep crime out of central Alberta communities by targeting problem properties.
Since 2023, Alberta’s government has invested more than $27 million to help fight crime throughout the province. Building on these efforts, the government is now expanding the Alberta Sheriffs’ Safer Communities and Neighbourhoods (SCAN) unit with the creation of a new team of investigators in Red Deer. The creation of the Red Deer SCAN team is the latest in a series of measures aimed at enhancing public safety and increasing the Alberta Sheriffs’ ability to support police throughout the province.
The move puts more resources on the ground with a team of qualified experts who will investigate properties where illegal activity has been reported and shut them down through court orders when needed. The Red Deer SCAN team – made up of four Alberta Sheriffs – joins existing SCAN teams in Calgary, Edmonton, and Lethbridge, which have proven immensely effective in working alongside local police to shutter problem properties throughout the province.
“Alberta’s government will always maintain a zero-tolerance stance toward crime of any kind, and the expansion of the Alberta Sheriffs’ SCAN unit reflects that. With the creation of a new SCAN team in Red Deer, we’re expanding the unit’s coverage even further and putting more boots on the ground where they’re needed. Let this be a message to all criminals: you are not welcome here. Communities in the Red Deer area have a right not to be plagued by drug and other criminal activity that create dangerous environments, and Alberta’s government will do whatever it takes to keep people safe.”
The Sheriffs’ SCAN unit operates under the Safer Communities and Neighbourhoods Act, which uses legal sanctions and court orders to hold owners accountable for illegal activity happening on their property, such as drug trafficking, human trafficking and child exploitation. SCAN augments and supports local police to both investigate and close properties where evidence of criminal activity has been confirmed.
“Ensuring safety for law-abiding Albertans is of utmost importance for Alberta’s government and requires a comprehensive approach to effectively combat and prevent criminal activity. This involves enhancing law-enforcement resources, fostering community engagement, implementing crime prevention programs, and promoting collaboration between Alberta Sheriffs and local police. This SCAN team is a game-changer in central Alberta and puts criminals on notice that they are not welcome here.”
“The Safer Communities and Neighbourhoods Act holds property owners accountable for activities on their property that threaten public safety. Alberta’s SCAN teams support policing efforts by addressing illegal activities on these properties. This additional team will enhance RCMP community safety programs.”
When a community member reports a problem property to SCAN, the unit begins an investigation. Once the investigation confirms the activity, investigators contact the property owner to try and resolve the issue informally. If informal efforts are unsuccessful, SCAN can apply to the courts for a community safety order to impose restrictions and conditions on the property and its owner, which could include closing the property for up to 90 days. Any criminal activity uncovered when dealing with these properties is turned over to the police to investigate.
“Over the years, SCAN’s impact on community safety has been profound. More often than not, we see individuals in these problem properties carrying out drug operations and other criminal activities beside homes, schools, playgrounds and other places where Albertans’ safety should never be in question. Crime has no place in any Alberta neighbourhood, and we look forward to working with our policing partners in the Red Deer area to help keep central Alberta communities safe.”
SCAN continues to see tremendous success, having closed problem properties in Lethbridge, Calgary, Spruce Grove and Medicine Hat in the last six months alone. Since May 2024, Alberta’s government has publicly announced the closure of seven problem properties by SCAN, including three in Calgary, two in Lethbridge, and one each in Spruce Grove and Medicine Hat.
“Creating a safer environment for our citizens improves the overall quality of our community in Red Deer. I would like to take this opportunity to thank Alberta’s government, SCAN and all our law enforcement partners who work tirelessly every day to keep our communities safe. This is great news for the City of Red Deer, and together, we can make our community safer. I encourage residents to report any suspicious activity to the SCAN unit.”
The Red Deer SCAN team’s operational boundaries encompass the city of Red Deer and its surrounding communities and rural areas, providing coverage to the central area spanning Ponoka to the north and Olds to the south.
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