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

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LETHBRIDGE, Alta. – 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, but defence lawyers think their clients have already spent enough time behind bars.

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 that 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.”

Johnston urged Justice David Labrenz to impose 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 a firefight would have occurred,” Johnston said.

“These people were ready to have a firefight with the RCMP. It sounds like something we hope doesn’t happen in our country but the reality is it did and it happened in southern Alberta.”

Carbert’s lawyer, Katherin Beyak, said she’s not suggesting that what her client did wasn’t a dangerous situation but said there’s no guarantee there would have been a shootout with police.

“You’re sentencing on an if or possibility rather than an eventuality,” she said to the judge.

“We can’t presume for the purpose of sentencing that the worst-case scenario would have occurred.”

Beyak said Carbert’s moral culpability is at the lower end of the scale and that her client ended up at the protest due to isolation, spending too much time looking at conspiracy theories on the internet and getting angry about the COVID-19 restrictions.

Beyak said her client has been in jail for 929 days, which is nearly four years given the accepted valuation of granting extra credit for time served while awaiting trial.

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.

“He’s had his time where it’s been very difficult the last two and a half years and I would suggest he’s learned his lesson,” Burns said.

Burns said Olienick acknowledges that he should “not drink tequila,” suggesting he believed it impaired his judgment when he unwittingly told undercover police officers at the barricade he had weapons and was ready to go to war with police.

Labrenz will deliver the sentences on Sept. 9.

The Crown in the case has already given notice it intends to appeal the not guilty verdicts given to the two men. A decision on whether it will actually proceed with the appeal won’t occur until after the case is reviewed and sentencing is over.

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.

This report by The Canadian Press was first published Aug. 29, 2024.

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Canada’s response to Trump deportation plan a key focus of revived cabinet committee

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OTTAWA, W.Va. – U.S. president-elect Donald Trump’s promise launch a mass deportation of millions of undocumented immigrants has the Canadian government looking at its own border.

Deputy Prime Minister Chrystia Freeland said Friday the issue is one of two “points of focus” for a recently revived cabinet committee on Canada-U.S. relations.

Freeland said she has also been speaking to premiers about the issue this week.

“I do want Canadians to know it is one of our two central points of focus. Ministers are working hard on it, and we absolutely believe that it’s an issue that Canadians are concerned about, Canadians are right to be concerned about it,” Freeland said, after the committee met for the first time since Trump left office in 2021.

She did not provide any details of the plan ministers are working on.

Public Safety Minister Dominic Leblanc, whose portfolio includes responsibility for the Canada Border Services Agency, co-chairs the committee. Freeland said that highlights the importance of border security to Canada-U.S. relations.

There was a significant increase in the number of irregular border crossings between 2016 and 2023, which the RCMP attributed in part to the policies of the first Trump administration.

The national police service said it has been working through multiple scenarios in case there is a change in irregular migration after Trump takes office once again, and any response to a “sudden increase in irregular migration” will be co-ordinated with border security and immigration officials.

However, Syed Hussan with the Migrant Rights Network said he does not anticipate a massive influx of people coming into Canada, chalking the current discussion up to anti-migrant panic.

“I’m not saying there won’t be some exceptions, that people will continue to cross. But here’s the thing, if you look at the people crossing currently into the U.S. from the Mexico border, these are mostly people who are recrossing post-deportation. The reason for that is, is that people have families and communities and jobs. So it seems very unlikely that people are going to move here,” he said.

Since the Safe Third Country Agreement was modified last year, far fewer people are making refugee claims in Canada through irregular border crossings.

The agreement between Canada and the U.S. acknowledges that both countries are safe places for refugees, and stipulates that asylum seekers must make a refugee claim in the country where they first arrive.

The number of people claiming asylum in Canada after coming through an irregular border crossing from the U.S. peaked at 14,000 between January and March 2023.

At that time, the rule was changed to only allow for refugee claims at regular ports of entry, with some specific exemptions.

This closed a loophole that had seen tens of thousands of people enter Canada at Roxham Road in Quebec between 2017 and 2023.

In the first six months of 2024, fewer than 700 people made refugee claims at irregular crossings.

There are 34,000 people waiting to have their refugee claims processed in Canada, according to government data.

In the first 10 months of this year, U.S. border officials recorded nearly 200,000 encounters with people making irregular crossings from Canada. Around 27,000 encounters took place at the border during the first 10 months of 2021.

Hussan said the change to the Safe Third Country Agreement made it less likely people will risk potentially dangerous crossings into Canada.

“Trying to make a life in Canada, it’s actually really difficult. It’s more difficult to be an undocumented person in Canada than the U.S. There’s actually more services in the U.S. currently, more access to jobs,” Hussan said.

Toronto-based immigration lawyer Robert Blanshay said he is receiving “tons and tons” of emails from Americans looking at possibly relocating to Canada since Trump won the election early Wednesday.

He estimates that about half are coming from members of the LGBTQ+ community.

“I spoke to a guy yesterday, he and his partner from Kansas City. And he said to me, ‘You know, things weren’t so hunky-dory here in Kansas City being gay to begin with. The entire political climate is just too scary for us,'” Blanshay said.

Blanshay said he advised the man he would likely not be eligible for express entry into Canada because he is at retirement age.

He also said many Americans contacted him to inquire about moving north of the border after Trump’s first electoral victory, but like last time, he does not anticipate many will actually follow through.

This report by The Canadian Press was first published Nov. 8, 2024



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Surrey recount confirms B.C. New Democrats win election majority

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VANCOUVER – The British Columbia New Democrats have a majority government of 47 seats after a recount in the riding of Surrey-Guildford gave the party’s candidate 22 more votes than the provincial Conservatives.

Confirmation of victory for Premier David Eby’s party comes nearly three weeks after election night when no majority could be declared.

Garry Begg of the NDP had officially gone into the recount yesterday with a 27-vote lead, although British Columbia’s chief electoral officer had said on Tuesday there were 28 unreported votes and these had reduced the margin to 21.

There are ongoing recounts in Kelowna Centre and Prince George-Mackenzie, but these races are led by John Rustad’s B.C. Conservatives and the outcomes will not change the majority status for the New Democrats.

The Election Act says the deadline to appeal results after a judicial recount must be filed with the court within two days after they are declared, but Andrew Watson with Elections BC says that due to Remembrance Day on Monday, that period ends at 4 p.m. Tuesday.

Eby has said his new cabinet will be announced on Nov. 18, with the 44 members of the Opposition caucus and two members from the B.C. Greens to be sworn in Nov. 12 and the New Democrat members of the legislature to be sworn in the next day.

This report by The Canadian Press was first published Nov. 8, 2024.

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Port of Montreal employer submits ‘final’ offer to dockworkers, threatens lockout

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MONTREAL – The employers association at the Port of Montreal has issued the dockworkers’ union a “final, comprehensive offer,” threatening to lock out workers at 9 p.m. Sunday if a deal isn’t reached.

The Maritime Employers Association says its new offer includes a three per cent salary increase per year for four years and a 3.5 per cent increase for the two subsequent years. It says the offer would bring the total average compensation package of a longshore worker at the Port of Montreal to more than $200,000 per year at the end of the contract.

“The MEA agrees to this significant compensation increase in view of the availability required from its employees,” it wrote Thursday evening in a news release.

The association added that it is asking longshore workers to provide at least one hour’s notice when they will be absent from a shift — instead of one minute — to help reduce management issues “which have a major effect on daily operations.”

Syndicat des débardeurs du port de Montréal, which represents nearly 1,200 longshore workers, launched a partial unlimited strike on Oct. 31, which has paralyzed two terminals that represent 40 per cent of the port’s total container handling capacity.

A complete strike on overtime, affecting the whole port, began on Oct. 10.

The union has said it will accept the same increases that were granted to its counterparts in Halifax or Vancouver — 20 per cent over four years. It is also concerned with scheduling and work-life balance. Workers have been without a collective agreement since Dec. 31, 2023.

Only essential services and activities unrelated to longshoring will continue at the port after 9 p.m. Sunday in the event of a lockout, the employer said.

The ongoing dispute has had major impacts at Canada’s second-biggest port, which moves some $400 million in goods every day.

On Thursday, Montreal port authority CEO Julie Gascon reiterated her call for federal intervention to end the dispute, which has left all container handling capacity at international terminals at “a standstill.”

“I believe that the best agreements are negotiated at the table,” she said in a news release. “But let’s face it, there are no negotiations, and the government must act by offering both sides a path to true industrial peace.”

Federal Labour Minister Steven MacKinnon issued a statement Thursday, prior to the lockout notice, in which he criticized the slow pace of talks at the ports in Montreal and British Columbia, where more than 700 unionized port workers have been locked out since Nov. 4.

“Both sets of talks are progressing at an insufficient pace, indicating a concerning absence of urgency from the parties involved,” he wrote on the X social media platform.

This report by The Canadian Press was first published Nov. 8, 2024.

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