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Questions linger after Coutts verdict

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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

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Former Trudeau minister faces censure for ‘deliberately lying’ about Emergencies Act invocation

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From LifeSiteNews

By Christina Maas of Reclaim The Net

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for ‘deliberately lying’ about the justification for invoking the Emergencies Act.

Trudeau’s former public safety minister, Marco Mendicino, finds himself at the center of controversy as the Canadian Parliament debates whether to formally censure him for “deliberately lying” about the justification for invoking the Emergencies Act and freezing the bank accounts of civil liberties supporters during the 2022 Freedom Convoy protests.

Conservative MP Glen Motz, a vocal critic, emphasized the importance of accountability, stating, “Parliament deserves to receive clear and definitive answers to questions. We must be entitled to the truth.”

The Emergencies Act, invoked on February 14, 2022, granted sweeping powers to law enforcement, enabling them to arrest demonstrators, conduct searches, and freeze the financial assets of those involved in or supported, the trucker-led protests. However, questions surrounding the legality of its invocation have lingered, with opposition parties and legal experts criticizing the move as excessive and unwarranted.

On Thursday, Mendicino faced calls for censure after Blacklock’s Reporter revealed formal accusations of contempt of Parliament against him. The former minister, who was removed from cabinet in 2023, stands accused of misleading both MPs and the public by falsely claiming that the decision to invoke the Emergencies Act was based on law enforcement advice. A final report on the matter contradicts his testimony, stating, “The Special Joint Committee was intentionally misled.”

Mendicino’s repeated assertions at the time, including statements like, “We invoked the Emergencies Act after we received advice from law enforcement,” have been flatly contradicted by all other evidence. Despite this, he has yet to publicly challenge the allegations.

The controversy deepened as documents and testimony revealed discrepancies in the government’s handling of the crisis. While Attorney General Arif Virani acknowledged the existence of a written legal opinion regarding the Act’s invocation, he cited solicitor-client privilege to justify its confidentiality. Opposition MPs, including New Democrat Matthew Green, questioned the lack of transparency. “So you are both the client and the solicitor?” Green asked, to which Virani responded, “I wear different hats.”

The invocation of the Act has since been ruled unconstitutional by a federal court, a decision the Trudeau government is appealing. Critics argue that the lack of transparency and apparent misuse of power set a dangerous precedent. The Justice Centre for Constitutional Freedoms echoed these concerns, emphasizing that emergency powers must be exercised only under exceptional circumstances and with a clear legal basis.

Reprinted with permission from Reclaim The Net.

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Australian doctor who criticized COVID jabs has his suspension reversed

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From LifeSiteNews

By David James

‘I am free, I am no longer suspended. I can prescribe Ivermectin, and most importantly – and this is what AHPRA is most afraid of – I can criticize the vaccines freely … as a medical practitioner of this country,’ said COVID critic Dr. William Bay.

A long-awaited decision regarding the suspension of the medical registration of Dr William Bay by the Medical Board of Australia has been handed down by the Queensland Supreme Court. Justice Thomas Bradley overturned the suspension, finding that Bay had been subject to “bias and failure to afford fair process” over complaints unrelated to his clinical practice.

The case was important because it reversed the brutal censorship of medical practitioners, which had forced many doctors into silence during the COVID crisis to avoid losing their livelihoods.

Bay and his supporters were jubilant after the decision. “The judgement in the matter of Bay versus AHPRA (Australian Health Practitioner Regulation Agency) and the state of Queensland has just been handed down, and we have … absolute and complete victory,” he proclaimed outside the court. “I am free, I am no longer suspended. I can prescribe Ivermectin, and most importantly – and this is what AHPRA is most afraid of – I can criticize the vaccines freely … as a medical practitioner of this country.”

Bay went on: “The vaccines are bad, the vaccines are no good, and people should be afforded the right to informed consent to choose these so-called vaccines. Doctors like me will be speaking out because we have nothing to fear.”

Bay added that the judge ruled not only to reinstate his registration, but also set aside the investigation into him, deeming it invalid. He also forced AHPRA to pay the legal costs. “Everything is victorious for myself, and I praise God,” he said.

The Australian Health Practitioner Regulation Agency (AHPRA), which partners the Medical Board of Australia, is a body kept at arm’s length from the government to prevent legal and political accountability. It was able to decide which doctors could be deregistered for allegedly not following the government line. If asked questions about its decisions AHPRA would reply that it was not a Commonwealth agency so there was no obligation to respond.

The national board of AHPRA is composed of two social workers, one accountant, one physiotherapist, one mathematician and three lawyers. Even the Australian Medical Association, which also aggressively threatened dissenting doctors during COVID, has objected to its role. Vice-president Dr Chris Moy described the powers given to AHPRA as being “in the realms of incoherent zealotry”.

This was the apparatus that Bay took on, and his victory is a significant step towards allowing medical practitioners to voice their concerns about Covid and the vaccines. Until now, most doctors, at least those still in a job, have had to keep any differing views to themselves. As Bay suggests, that meant they abrogated their duty to ensure patients gave informed consent.

Justice Bradley said the AHPRA board’s regulatory role did not “include protection of government and regulatory agencies from political criticism.” To that extent the decision seems to allow freedom of speech for medical practitioners. But AHPRA still has the power to deregister doctors without any accountability. And if there is one lesson from Covid it is that bureaucrats in the Executive branch have little respect for legal or ethical principles.

It is to be hoped that Australian medicos who felt forced into silence now begin to speak out about the vaccines, the mandating of which has coincided with a dramatic rise in all-cause mortality in heavily vaccinated countries around the world, including Australia. This may prove psychologically difficult, though, because those doctors would then have to explain why they have changed their position, a discussion they will no doubt prefer to avoid.

The Bay decision has implications for the way the three arms of government: the legislature, the executive and the judiciary, function in Australia. There are supposed to be checks and balances, but the COVID crisis revealed that, when put under stress, the separation of powers does not work well, or at all.

During the crisis the legislature routinely passed off its responsibilities to the executive branch, which removed any voter influence because bureaucrats are not elected. The former premier of Victoria, Daniel Andrews, went a step further by illegitimately giving himself and the Health Minister positions in the executive branch, when all they were entitled to was roles in the legislature as members of the party in power. This appalling move resulted in the biggest political protests ever seen in Melbourne, yet the legislation passed anyway.

The legislature’s abrogation of responsibility left the judiciary as the only branch of government able to address the abuse of Australia’s foundational political institutions. To date, the judges have disappointed. But the Bay decision may be a sign of better things to come.

READ: Just 24% of Americans plan to receive the newest COVID shot: poll

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