Justice Delayed: Carbert and Olienick continue to await sentencing after 920 days in jail

After 920 days behind bars — nearly four years when accounting for the 1.5-day credit for each day in pretrial custody — Chris Carbert and Anthony Olienick are still waiting to learn their fate. Arrested in February 2022 for their involvement in the Coutts, Alberta anti mandate border blockade, they are convicted charges of mischief and firearms offences.

Today marked another day of courtroom arguments, with their sentencing delayed yet again.

Prosecutor Steven Johnston argued before Justice David Labrenz for severe penalties: a nine-year custodial sentence, a lifetime firearms ban for Carbert, and a ten-year prohibition for Olienick. The defence, represented by Marilyn Burns for Olienick and Katherin Beyak for Carbert, countered that a fair sentence would be between 2.5 to 3.5 years. Given the credit for time served, this would result in their immediate release.

The court was filled with approximately 40 supporters of the accused, who voiced their frustration over the delays in this lengthy trial. Justice Labrenz, known for his history as a prosecutor in the infamous Mayerthorpe case, raised a pivotal question: was the Crown pushing for a sentence as if a shootout had occurred, despite the lack of any violent confrontation at Coutts?

Carbert, who was convicted of unlawful possession of a firearm, was noted for never brandishing or boasting about the weapon. He peacefully surrendered to authorities and has been the sole custodial parent to his son, whom he has barely seen in the past two and a half years. Olienick, meanwhile, has received numerous letters of support attesting to his character.

As the wait continues, the next court date has been set for September 9th, with the delay attributed to what was described as an “avalanche of submissions” from defence lawyer Burns.

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