Jailed Coutts Protester Receives Bail Pending Appeal of Mischief, Weapons Charges

A police vehicle looks out over an empty highway in Coutts, Alta., after the border protest ended, on Feb. 15, 2022. The Canadian Press

One of the two men convicted last year for mischief and weapon possession during the Coutts, Alta., border blockade has been granted bail as he appeals his conviction and six-and-a-half year sentence.

Alberta appeal court Justice Jo’Anne Strekaf granted Chris Carbert’s release in a June 30 ruling. She noted that “despite the serious nature of the offences at issue” Carbert had established his detention was “not necessary in the public interest.”

A jury found Carbert and Anthony Olienick guilty of mischief over $5,000 and possession of a weapon dangerous to the public peace last fall during the 2022 blockade at the Coutts border crossing in opposition to COVID-19 rules and vaccine mandates. They were found not guilty on charges of conspiring to kill RCMP officers, but Olienick was convicted of possessing a pipe bomb.

Both men were handed six-and-a-half year sentences last September but received roughly four years’ credit for the time they had served in jail since their arrest.

Appeals were subsequently launched by both men, but only Carbert has been granted bail thus far.

Strekaf ruled that the grounds of Carbert’s appeal were “not frivolous” and that he did not pose a flight risk or a danger to the public.

“The applicant has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” she wrote in her decision.

“Detention pending his appeals is not necessary for the protection or safety of the public.”

The judge also found that Carbert, a 48-year-old single father, was unlikely to reoffend if released from custody. She noted that Carbert “has a viable release plan” to live at a community-based residential facility with support from his mother and stepfather, and already has a job lined up at a Lethbridge handyman company.

Strekaf’s ruling comes just a few months after Carbert and Olienick were denied day parole and full parole.

An April decision by the parole board highlighted Carbert’s efforts toward self-improvement while incarcerated through education and Bible study but said these “mitigating factors” were given reduced weight due to his “pro social lifestyle” and the “poor decision making and thought processes” that led him to commit the offences for which he was detained.

Carbert was one of 11 people arrested in February 2022 after RCMP found firearms, ammunition, and body armour in three trailers located near the Coutts blockade at the Canada-U.S. border.

Other protesters ended the blockade following the arrests, saying they didn’t want to be associated with any of the allegations.

The blockade was one of several protests conducted nationwide against COVID-19 restrictions and vaccine mandates and requirements.

The Canadian Press contributed to this report.