The trial of two men charged with plotting to kill RCMP officers during the 2022 border blockade in Coutts, Alta., is under way, with the Crown opening its case by arguing that they planned for an “inevitable, violent event.”
Chris Carbert and Anthony Olienick are the remaining two of four men originally charged in the murder-conspiracy case. On the first day of the trial in the Lethbridge courthouse Thursday, both men pleaded not guilty to the conspiracy to commit murder charge, as well as additional weapons and mischief charges. Mr. Olienick denied charges related to possession of an explosive substance described as a “pipe bomb.”
The original group of four was arrested in February, 2022, after RCMP seized a cache of guns and alleged the men were plotting to kill Mounties during the highway protest built from grievances with COVID-19 pandemic restrictions. The weeks-long blockade paralyzed the Canada-U.S. border.
Jerry Morin and Christopher Lysak pleaded guilty to lesser charges in February. Mr. Morin received a sentence of 3¼ years for conspiring to traffic firearms, while Mr. Lysak was given a three-year sentence for possession of a firearm in an unauthorized place. Both jail sentences were satisfied by the time the men had served in remand.
Two of 14 jurors were dismissed before evidence was presented Thursday. One of them asked to be excused after learning that her sister’s boyfriend was “cell mates” with one of the accused, whom she did not name.
Court of King’s Bench Justice David Labrenz instructed the remaining jurors to set aside any prejudices or stereotypes that could impact their decision.
Crown prosecutor Matt Dalidowicz said in his opening statement that police made “cascading discoveries” during the trucker protest that revealed a group was planning something “much more sinister than merely blocking the border.” He said it became known that some individuals were involved in a plot to kill officers if they forced the end of the blockade.
He stressed to jurors that the trial is not focused on the impact of COVID-19, personal feelings regarding the pandemic or the right to protest. It is about the alleged planning, preparation and plot to kill police officers, Mr. Dalidowicz said, which he said will be shown through wiretaps, electronic communications, witness testimony and other exhibits.
“They planned and prepared for what they believed would be an inevitable, violent event,” he said. “They believed, in their own minds, that they had the right to act violently in response to police enforcing the law to end the blockade. They saw the blockade as their ground zero.”
Mr. Dalidowicz said the court will hear from undercover officers as to why Mr. Olienick was deemed an “immediate concern” and what led to the search of a property in Coutts where police found a “stockpile” of firearms, ammunition and body armour. He said jurors will also learn about other objects found in motor vehicles and explosives in the home of Mr. Olienick.
Intercepted communications will be a cornerstone of the trial, Mr. Dalidowicz said. Speaking directly to jurors, he asked them to listen to the tone of the conversations and decipher whether the speakers are making “offhand remarks without meaning” or saying something more intentional.
The RCMP used emergency wiretaps to gather evidence during the blockade, which revealed a “conspiracy to deliver firearms, ammunition and other equipment” to the conspiring group for criminal purposes, according to an agreed statement of facts signed by Mr. Morin. RCMP said they found long guns, handguns, a machete, ammunition and body armour at the time.
In April, three men in a separate case were convicted of mischief for their roles in the weeks-long border blockade. Marco Van Huigenbos, Alex Van Herk and George Janzen, whom the Crown accused of being ringleaders, could face up to 10 years in jail but have yet to be sentenced.
The Crown called RCMP Sergeant Greg Tulloch as their first witness on Thursday, a long-time officer with the police force who testified at the April Coutts-related trial.
Sgt. Tulloch said the atmosphere at Smuggler’s Saloon, a makeshift headquarters in Coutts, changed from a comfortable gathering place to something like a “military installation” as the protest progressed. Sgt. Tulloch said he and his partner, both of whom were in police uniforms, spoke to protesters inside the saloon on Feb. 1, 2022 and asked them to leave before the RCMP began removing vehicles. Protestors declined.
On Feb. 12, 2022, the police were unable to make contact with blockade organizers to remove two excavators, which were subsequently disabled by police.
Marilyn Burns, who represents Mr. Olienick, in her cross examination questioned whether Sgt. Tulloch could have been viewed as a mediator or negotiator. Sgt. Tulloch said that is possible but his role was as a communicator.
Katherin Beyak, who represents Mr. Carbert, focused on the officer’s communication with his colleagues in her questions. She is expected to complete her cross examination Friday.