Bail Denied a Second Time for ‘Coutts Four’ Member Chris Carbert

Protesters demonstrating against COVID-19 mandates gather as a truck convoy blocks the highway at the U.S. border crossing in Coutts, Alta., on Feb. 2, 2022. The Canadian Press/Jeff McIntosh

Chris Carbert, one of the four men charged in connection with the 2022 border blockade at Coutts, Alta., was denied bail at a hearing on Jan. 15. The four men have been in jail for 703 days under pre-trial detention.

It is the second time that Mr. Carbert’s request for bail has been denied, with the first request being denied in May 2022. The reasons for the judge’s decisions are protected by a publication ban, but the Crown previously indicated it planned to try the four men together.

Mr. Carbert, Christopher Lysak, Jerry Morin, and Anthony Olienick are accused of conspiring to kill police officers and were charged with conspiracy to commit murder in connection with the Coutts border blockade formed in solidarity with the Freedom Convoy protest against COVID-19 vaccine mandates and pandemic-related restrictions.

The four men were among 11 people arrested in February 2022 after RCMP found firearms, ammunition, and body armour in three trailers located near Coutts. Mr. Olienick was also charged with making or possessing an explosive device.

Shortly after the arrests, peaceful convoy demonstrators abandoned the Coutts protest site, saying they wanted to ensure they didn’t get associated with the alleged perpetrators.

While a trial for the four men was set for June 2023, pre-trial applications by their lawyers delayed the proceedings until Dec. 11 in a bid to have the trial moved to a different venue. Mr. Olienick parted ways with his lawyer Tonni Roulston in December 2023, and his family confirmed on Jan. 8 that he would represent himself in court.

The three other accused are set to stand trial from April 2 to April 19, 2024.

“I’m hopeful that going forward, more positive things will come out of all of this because eventually the truth will come out,” said Mr. Carbert’s mother Betty Carbert in an interview with Media Bezirgan following the ruling.

“I can’t even imagine what my son’s going through right now. He was very hopeful that he would be out today.”

Legal Concerns

Some members of law enforcement and legal experts have raised concerns about the four men being denied bail, suggesting that the criminal case has been “politically influenced.” Donald Best, a former sergeant with the Toronto Police Service, told The Epoch Times that Canadians arrested for crimes like robbery and attempted murder are regularly given bail.

James Kitchen, chief litigator for Liberty Coalition Canada, told The Epoch Times that bail should not be denied for any longer than “absolutely necessary” as 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.”

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

According to the Criminal Code, bail may be denied in cases where detention is necessary to ensure attendance in court or to protect 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.”

The Alberta RCMP has told The Epoch Times they wouldn’t comment on the case as it is still before the courts.