Denial of Bail for ‘Coutts Four’ Raises Concerns, Say Legal Experts

A truck convoy of anti-COVID-19 vaccine mandate demonstrators blocks the highway at the U.S. border crossing in Coutts, Alta., on Feb. 2, 2022. The Canadian Press/Jeff McIntosh

As the court trial continues for four men arrested in Coutts, Alberta, for allegedly conspiring to kill RCMP officers during the 2022 convoy protests, some law enforcement and legal experts claim that the denial of bail to the men is unusual, suggesting that the case is being “politically influenced.”

“The whole law about bail is you don’t keep people any longer than is absolutely necessary, because it is one of the worst violations of liberty and it’s tyrannical to keep people for a long period of time without a really good reason,” James Kitchen, chief litigator for Liberty Coalition Canada, told The Epoch Times.

“So for the Coutts Four, it isn’t just that they’ve been denied bail, it’s that they have been denied bail for a long time, and all the charges do not justify it based on the legal analysis.”

During the convoy protest at the Coutts border crossing in February 2022, four men were arrested on allegations that they conspired to kill RCMP officers. Police executed a warrant on Feb. 14, 2022, searching three trailers in town and finding 15 firearms, ammunition, and body armour.

Anthony Olienick, Chris Carbert, Christopher Lysak, and Jerry Morin—who have since become known as the “Coutts Four”—were arrested and charged with conspiracy to murder. Mr. Olienick was also charged with making or possessing an explosive device. Shortly after the RCMP’s arrest, peaceful convoy demonstrators abandoned their protest site, saying they wanted to ensure they don’t get associated with the alleged perpetrators.

Mr. Kitchen said many in the justice system are “politically contemptuous” of the accused in this case, and that’s impacting their conduct.

“They’re so politically opposed to these people’s existence and what they believe in that they let what they looked at impact their decisions. ... And so [the Coutts Four] get stuck—they’re stuck in a system that isn’t actually functioning properly because it’s just so politically influenced.”

Donald Best, a former sergeant with the Toronto Police Service, also says there’s politics involved.

“I believe that the investigation—the investigation itself, the charges, the denial of bail, the evidence handling—were all motivated or impacted by a political agenda,” Best said in an interview.

Mr. Best noted that the four have been held in pre-trial custody without bail for over 540 days.

“We have across Canada, arsonists, gangbangers, and people who actually attempted to murder someone or did murder someone, and they’re out on bail,” he said.

“I’m not saying every one of [the Coutts Four] is innocent of every one of the charges, but they should have had bail. I believe the investigation was influenced by politics, the evidence handling and further investigation was corrupted by politics, and the bail denial to keep them in prison is a political decision.”

The Epoch Times contacted the crown prosecution service for comment but didn’t hear back by publication time.  The Alberta RCMP told The Epoch Times they would not comment given that the case is before the courts.

Bail in Canada

Mr. Best pointed to the first-degree murder of Toronto police Const. Jeffrey Northrup in 2021, where his killer, Umar Zmeer, was released on bail under strict conditions.

“We have people who do incredibly violent offences, are let out on bail, and then murder an OPP officer in Ontario,” he said in reference to Randall McKenzie, who was released on bail six months before allegedly killing OPP Const. Greg Pierzchala in December 2022.

Under Canadian law, any person accused of a crime is presumed innocent until he or she is proven guilty of the crime, and accused people have the right to bail unless there is a compelling reason to keep them in custody.

The Criminal Code outlines specific grounds under which bail may be denied: where detention is necessary to ensure attendance in court; or necessary for public safety, “considering any substantial likelihood of reoffending upon release;” or is necessary to maintain confidence in the administration of justice, considering the “apparent strength of the prosecution’s case, the gravity of the offence, the circumstances surrounding its commission, and the potential for a lengthy prison term.”

Mr. Kitchen said that over the last five years, Canada’s bail system has become more relaxed, resulting in “this perspective where we way too readily release actual criminals.” Bill C-75, passed by the Liberal government in 2019, streamlined and modernized Canada’s bail provisions in a way that made it easier for people to receive bail.

‘Huge Red Flag’

Robert Stocki, a former police sergeant with the Ottawa Police Service, said the denial of bail to the Coutts Four is a “huge red flag” that suggests politics played a role in the case.

“There are countless criminal cases where people are arrested for pretty heinous crimes, and they’re walking free. And all of a sudden, these gentlemen are still locked up in custody in a facility,” he told The Epoch Times.

“They’re all gainfully employed and none of the charges to date has been proven. There’s no reason why they cannot be held at their home, with a monitoring device”

Mr. Stocki suggested that since the federal government cited the incident at Coutts when implementing the Emergencies Act on Feb. 14 to put an end to the Freedom Convoy protest, there could be a political incentive for the Coutts Four to be kept in custody. “My analysis would be that this has obviously touched the political nerve, and I see this as a public relations stunt to justify the actions of the government,” he said.

Handling of Evidence

Less than a day after the men were arrested, the RCMP published a photograph of the seized weapons, ammunition, and body armour. Mr. Best said, as a police officer and professional investigator of over 30 years, he was “appalled” by the “staged PR photo” the RCMP took of the weapons and ammunition, as the items were not handled “professionally.”

A photograph of the firearms, ammunition, and body armour seized by the RCMP at Coutts, Alberta, on Feb. 14, 2022. Courtesy of RCMP.

Normally, the items should have been swabbed for fingerprints and DNA, then placed in bags in order to preserve the evidence and prevent them from cross-contaminating other exhibits, according to Mr. Best.

“You have to protect evidence for forensic examination, and even after you examine something forensically, you still protect that evidence because there might be a re-examination. You don’t just discard evidence,” he said.

Mr. Best said the failure to place the evidence in bags could have also destroyed or ruined “exculpatory evidence” that would support the accused.

“The failure of the police officers to adhere to the fundamentals of professional evidence collection and protection doesn’t just potentially weaken the prosecution’s case, it can destroy important forensic evidence of innocence to the defence,” he said.

Mr. Stocki also said it was “very odd” that the weapons and ammunition were able to be displayed on the same day as the four men’s arrests.

According to Mr. Stocki, the more methodical a police investigation, the longer it would take to forensically examine and catalogue evidence.

“The fact that the weapons were displayed that morning, were they actually forensically examined in that short of a time? I hardly think so,” he said.