Crown recommends 9 years in prison for protesters at Coutts border blockade

A Crown prosecutor says two men convicted of mischief and weapons offences at the 2022 border blockade at Coutts, Alta., should spend nine years in prison.

Anthony Olienick and Chris Carbert were convicted earlier this month of public mischief over $5,000 and possessing a firearm dangerous to the public peace. Olienick was also convicted of possessing a pipe bomb.

A jury found them not guilty of the most serious charge they faced: conspiracy to murder police officers.

Crown prosecutor Steven Johnston told a sentencing hearing Thursday that the case isn’t about the right to protest government policy and believing in a cause doesn’t excuse committing a crime.

“This case has never been, nor should it be, about the idea of what the cause was … was the cause good? That is not what this court should be weighing,” Johnston said.

“The relative goodness, (or) how hard you believe in your cause, does not excuse criminality. The question now before the court is what’s the appropriate sanction?”

Johnston is also asking for a 10-year weapons prohibition ban for Olienick and a lifetime ban for Carbert.

The blockade was one of several held across the country to protest COVID-19 rules and vaccine mandates.

Olienick and Carbert were charged after RCMP found guns, ammunition and body armour in trailers near the blockade at the key Canada-U. S. border crossing.

More guns, ammunition and two pipe bombs were located at Olienick’s home in Claresholm, Alta.

“Mr. Carbert and Mr. Olienick believed they were at war. They were prepared to die for their cause. The very real risk is that firefight would have occurred,” Johnston said.

“The Crown would describe it as a final firefight where he would … resist the police taking steps which Mr. Olienick would determine were inappropriate.”

Johnston also noted that Olienick’s suggestion he was being a sheepdog to protect the protesters doesn’t hold water.

“It is not a defence in Canada to arm yourself to have combat with the state. It’s just not a thing. There’s a country that allows that … it’s not Canada.”

Olienick’s lawyer, Marilyn Burns, said her client never had any intention of hurting the police. She said a nine-year sentence would be excessive and called for a total of six months in jail for the dangerous weapon charge, with an absolute discharge on the explosives one and community service on the mischief conviction.

“I would suggest he’s learned his lesson,” Burns said.

Justice David Labrenz is expected to hand down the sentences Friday.

Two other protesters charged with conspiracy to commit murder at the blockade pleaded guilty earlier this year to lesser charges.

Christopher Lysak was sentenced to three years for possession of a restricted firearm in an unauthorized place. Jerry Morin was sentenced to 3 1/2 years for conspiracy to traffic firearms.

Those sentences amounted to time the men had served in pretrial custody.