COVID-19
Questions linger after Coutts verdict
Chris Carbert and Anthony Olienick Courtesy Bridge City News/YouTube
From the Frontier Centre for Public Policy
By Ray McGinnis
The Coutts trial may be over, but the questions it raises about justice and overreach continue.
A jury in the trial of Chris Carbert and Anthony “Tony” Olienick rendered a NOT GUILTY verdict on a charge of conspiracy to commit murder of police officers. Known as the Coutts Two, Carbert and Olienick’s trial lasted from June 6 to August 2, 2024. After two and a half days of deliberations, the jury also found the pair GUILTY of possession of weapons for a dangerous purpose, and mischief over $5,000. Olienick was also found GUILTY of possession of explosives for a dangerous purpose.
On February 13, 2022, Olienick was arrested outside Smuggler’s Saloon. Early on February 14, 2022, Chris Carbert was awakened from his sleep in a trailer by police loudspeaker.
Two Co-Accused Had All Charges Dropped in February
Conspiracy, possession of weapons, and mischief charges were also laid against Chris Lysak and Jerry Morin. Carbert, Olienick, Lysak and Morin, were dubbed the Coutts Four.
Lysak was arrested in Coutts late on February 13, 2022. Morin was arrested heading west of Calgary on Hwy. 22. He would work for a rancher near Priddis, a three-hour drive from Coutts. Lysak and Morin had all the original charges in the indictment dropped on Feb 6th, 2024.
Lysak pleaded to improper storage of a firearm. That charge typically results in a minor fine, not two years behind bars. Morin pled guilty to conspiracy to traffic firearms, not to trafficking firearms. Two years in custody — including solitary confinement and being witness to brutality between prisoners — had taken its toll.
Tony Olienick’s lawyer, Marilyn Burns, told this reporter, Morin was not guilty of the new charge to which he plead. But this was the plea deal the Crown would agree to. Morin and Lysak were released after 723 days behind bars.
Carbert and Olienick maintained their innocence. However, pre-trial deliberations in court dribbled out for over a year before the trial itself.
The Accused Were Unarmed
None of the original Coutts Four — Carbert, Olienick, Lysak or Morin — were armed when arrested. None had a criminal record. Three of the four are fathers with children. Before his arrest, Lethbridge resident Chris Carbert was a self-employed fisherman who also ran a landscaping and fencing business with nine employees.
Years before his arrest, Tony Olienick took part of the clean-up in High River, Alberta, after the 2013 floods. The self-employed gravel truck owner got contract work at a stone quarry.
Coutts Charges Cited to Invoke Emergencies Act
At the Public Order Emergency Commission inquiry in November 2022, several senior cabinet and government officials cited events in Coutts as one of the triggers for invoking the Emergencies [War Measures] Act on February 14, 2022. Deputy Prime Minister Chrystia Freeland testified “we heard from the RCMP Commissioner about concerns that there were serious weapons in Coutts . . . that really raised the stakes in terms of my degree of concern about what could be happening.”
Prime Minister Justin Trudeau stated, “the occupation at Coutts seemed to be emboldened.”
Coutts Mayor, Jimmy Willett described the protesters as “Domestic Terrorists.” Public Safety Minister Marco Mendicino testified “the situation was combustible… individuals… involved in Coutts were prepared to go down with a fight that could lead to the loss of life, . . . would have triggered other events across the country.”
The Clerk of the Privy Council, Janice Charette, pointed to the “seriousness” and “scale” of the “illegal activity,” “the quantity of weapons and ammunition discovered by the RCMP… contemplated by people at Coutts.” This confirmed her view that these people were insurrectionists, bent on “overthrowing the government.”
Yet, no bodycam footage and no recording entered as evidence in the trial substantiated claims by RCMP that Carbert or Olienick plotted violence against police. In January 2024, a federal court ruled the invocation of the Emergencies Act was “unconstitutional.” The August 2 not guilty verdict for conspiracy to commit murder adds to the perception of government overreaction to the protests.
A Surprise from the Crown
In its closing words to the jury, the Crown suddenly alleged there was a hand-off of weapons on February 11, 2022.
The Crown should provide full disclosure to the defence before the trial concludes so allegations can be tested in court. Never mind. This last-minute allegation may have swayed the jury to find the defendants guilty of the possession of firearms charge and Olienick of possession of an explosive device for a dangerous purpose.
Sentencing and bail hearings were scheduled from August 26 to 30. The week of September 9, the judge at the Coutts Two trial will hand down sentences for both of the accused given their combination of i) not guilty of conspiracy to commit murder verdict by the jury and ii) guilty verdicts for possession of a weapon for a dangerous purpose and mischief, and for Olienick a separate guilty verdict for possession of an explosive for a dangerous purpose.
By then, the pair will have been in custody for 935 days.
This commentary is first of a three part series. Read part two here, and three here.
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
COVID-19
New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust
The Justice Centre for Constitutional Freedoms has released a new report titled Manufacturing consent: Government behavioural engineering of Canadians, authored by veteran journalist and researcher Nigel Hannaford. The report warns that the federal government has embedded behavioural science tactics in its operations in order to shape Canadians’ beliefs, emotions, and behaviours—without transparency, debate, or consent.
The report details how the Impact and Innovation Unit (IIU) in Ottawa is increasingly using sophisticated behavioural psychology, such as “nudge theory,” and other message-testing tools to influence the behaviour of Canadians.
Modelled after the United Kingdom’s Behavioural Insights Team, the IIU was originally presented as an innocuous “innovation hub.” In practice, the report argues, it has become a mechanism for engineering public opinion to support government priorities.
With the arrival of Covid, the report explains, the IIU’s role expanded dramatically. Internal government documents reveal how the IIU worked alongside the Public Health Agency of Canada to test and design a national communications strategy aimed at increasing compliance with federal vaccination and other public health directives.
Among these strategies, the government tested fictitious news reports on thousands of Canadians to see how different emotional triggers would help reduce public anxiety about emerging reports of adverse events following immunization. These tactics were designed to help achieve at least 70 percent vaccination uptake, the target officials associated with reaching “herd immunity.”
IIU techniques included emotional framing—using fear, reassurance, or urgency to influence compliance with policies such as lockdowns, mask mandates, and vaccine requirements. The government also used message manipulation by emphasizing or omitting details to shape how Canadians interpreted adverse events after taking the Covid vaccine to make them appear less serious.
The report further explains that the government adopted its core vaccine message—“safe and effective”—before conclusive clinical or real-world data even existed. The government then continued promoting that message despite early reports of adverse reactions to the injections.
Government reliance on behavioural science tactics—tools designed to steer people’s emotions and decisions without open discussion—ultimately substituted genuine public debate with subtle behavioural conditioning, making these practices undemocratic. Instead of understanding the science first, the government focused primarily on persuading Canadians to accept its narrative. In response to these findings, the Justice Centre is calling for immediate safeguards to protect Canadians from covert psychological manipulation by their own government.
The report urges:
- Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
- Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
- Independent ethical review of any behavioural interventions affecting public opinion or individual autonomy, ensuring accountability and informed consent.
Report author Mr. Hannaford said, “No democratic government should run psychological operations on its own citizens without oversight. If behavioural science is being used to influence public attitudes, then elected representatives—not unelected strategists—must set the boundaries.”
COVID-19
Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”
Evan Blackman and his son at a hockey game
The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.
The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.
The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.
Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.
Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.
Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”
“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.
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