LIVE UPDATES: Hearing continues for four men charged in Coutts blockade
Anthony Olienick, Chris Carbert, Christopher Lysak, and Jerry Morin were arrested and charged with conspiracy to commit murder in February 2022.
Ezra Levant is in Lethbridge, Alberta, where four men facing serious charges from the 2022 Coutts border blockade are having a hearing today. The men have been detained for over 500 days and are facing conspiracy to commit murder charges.
The four were first arrested after a police raid on the Coutts blockade on February 15, 2022. Rebel News reporter Sydney Fizzard has been following the case, most recently providing an update on issues surrounding publication bans and disclosure in the case.
The blockade protest came to an end shortly after the group's arrest. Public Order Emergency Commissioner Paul Rouleau found the protest in Coutts merited Prime Minister Justin Trudeau's decision to invoke the Emergencies Act in response to the demonstration, along with the Freedom Convoy protest in Ottawa.
Follow along below for updates from today's hearing:
Judge agrees to adjourn until tomorrow. It's just before 3 p.m. local time. Total hearing time today was about three and a half hours.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
She's got a point. She was literally almost done her submissions, and the crown prosecutor said, "surprise!" 500 days in, and the crown waited until the last moment.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
So the defence lawyers say this new affidavit from the prosecution, even though it's brief, is a surprise, and therefore unfair. Beyak says she needs time to consult with the other defence lawyers. The judge announces a break -- and suggests maybe a break until tomorrow!
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Beyak says the crown shouldn't be allowed to provide additional evidence at this late hour. (That confirms that it is a prosecution affidavit.) Crown prosecutor had said, "it's only four paragraphs".
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Defence lawyer Katherin Beyak stands up: https://t.co/lS0zh1BAE9
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I think I may have misunderstood who submitted this sudden affidavit -- I've deleted a few tweets.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge asks defence counsel to review another case. Judge declares a lunch break until 2 p.m. MT (90 minutes from now.)
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Plain language summary: prosecutor-police communication was accidentally released. Defence counsel sees it. And they say it proves misconduct. So they want the ability to crack open more communications that would normally be kept secret.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Defence counsel Raulston up again, with more case law on the subject at hand -- being able to examine communications between the prosecutors and the police. Normally that's covered by solicitor-client privilege -- it's a secret -- but she wants that set aside.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge is back in the courtroom. The four accused are being brought back in. The gallery is silent.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I just had a heart-breaking talk with the mother of one of the accused. She's absolutely devastated; bewildered; says the charges are utterly out of character with the son she knows. She says the accusations against her son must be false.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The court is on a 15-minute break. The four accused have been led out of the room. The public gallery is commiserating with each other -- but not boisterously, as the judge admonished them.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I'm not transcribing this court exchange because it is the judge and the defence lawyer delving deep into case law regarding the matter at hand -- when it is appropriate to crack open solicitor-client privilege.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Very much in the weeds -- is the test based on a "balance of probabilities", etc. I'll say this: the judge is giving the application a patient and engaged hearing.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Roulston says there was a "180" in how police conduct themselves after receiving that advice from prosecutors (that Roulston says is illegal advice.)
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
"This isn't a fishing expedition," says Roulston, saying that an inadvertent disclosure from the government proves that there is wrongdoing afoot.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Roulston: "it was not legal advice, because it was facilitating an illegal act, and it was an illegal act."
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
High stakes claim by Roulston. Judge proceeding very carefully, asking lots of clarifying questions.
"We're dealing with an unlawful act," says Roulston. She is accusing the cops/prosecutors of breaking the law and thus shouldn't be protected by solicitor-client privilege (e.g. the ability to keep their conversations secret).
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Judge refers to a case, R. v. Croft. I won't attempt to transcribe the conversation.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge and defence counsel make reference to the "Mr. Big" approach of policing. Here's a plain language description of that approach. It's not quite the same as entrapment: https://t.co/GIs2TBx4uQ
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
"The legal advice was unlawful". I would think that is a very high bar for defence counsel to meet, to crack open solicitor-client privilege between cops and prosecutors. High risk high reward approach, I think -- but I'm not familiar with such a move.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
"The crown is stating that defence counsel has an onus" to break open solicitor-client privilege between the prosecutors and the cops. Roulston says if there was misconduct, solicitor-client privilege shouldn't shield it.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Sounds like a chicken or the egg conundrum.
I think it's safe for me to report that Roulston is alleging that the crown/police did not live up to their legal duties to the accused.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge and the defence counsel Roulston are talking about how to talk about police/prosecutorial misconduct. I want to be extremely careful here, lest I step on a publication ban landmine.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
While each accused has their own lawyer, they sometimes act as each other's agents.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I believe she represents Anthony Olienick.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I think it's Tonii Roulston: https://t.co/TWAREDfqGb
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Defence counsel rises to address the court.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
(I knew it hadn't been posted or circulated -- I hadn't received it!)
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The prosecutor acknowledges that the publication ban notice has not in fact been posted in the court, nor was it sent to the media list.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The crown was simply wrong -- and he says it means he wants to proceed in a few days after the notice period is complete.
Judge says he's going to take a quick break to check on things in respect of whether the publication ban has been circulated in advance.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Crown: the court emails "accredited journalists", but the list doesn't include "citizen journalists" and they have not been notified. (I am an accredited journalist and I don't believe I have received a copy, just FYI.)
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Crown: the publication ban was filed a week ago, copies were sent to all lawyers and the court.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
One of the four men's lawyers is up in response. The lawyer is suggesting that not all four of the lawyers for the men have received proper notice of the application for a publication ban. In other words, she says the crown has not complied with proper practice for a ban.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
"The allegations that aren't yet substantiated", says the crown. He's worried about reporting on what's going to be said. The publication bans so far have been requested by the four men, to stop juries from hearing certain facts before trial.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I think this is a crown prosecutor -- I can't see his face. He says he's worried about solicitor-client conversations -- apparently today's hearing touches on alleged crown misconduct. So he's worried about the police/prosecutor reputations.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
"If you continue to cheer and clap and act in the way that you have when I was outside the courtroom I am going to ask that you be removed. Is that understood?" (I wonder if he's referring to the cheering -- or the praying.)
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Judge speaks to the gallery. "This is a court of law. A solemn place where we're doing solemn business... not to cheer and clap or engage with the accused including with hand signals.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge enters. "All rise! Quiet please!"
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Waiting for the judge now.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The courtroom is jammed (except the two empty rows). Lots of lawyers and cops.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The accused walk in. The families cheer. (The judge is out of the room.) People are saying, "love you!" and cheering. "Canadian heroes", one person hollers. They're welcomed warmly with applause. This is like a kind of prison visit for many families, even though they can't chat.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
Another sheriff enters -- that's four.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The four accused are about to enter through a side door. Two of the sheriffs attend at the door.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The judge steps in, and people hop to their feet, but he waves them down, for some reason.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
It's 10 a.m. local time; the judge's arrival is imminent.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The lawyers arrive en masse. I count seven. I'm told there are three prosecutors assigned to this file; I think there are two of them here. An enormous commitment of public resources -- as indeed the police response to the various convoys was, too.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The entire public gallery is on its feet, saying the Lord's Prayer! And one of the clerks joins in! Quite a powerful moment -- I've never seen anything like it in a court before. Welcome to Lethbridge, my friends -- no wonder Ottawa hates it so much.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
The court-room is packed, sort-of. Everyone is jammed into seats, filling the place. Except for two large pews reserved for "accredited media", of which I am the only one. So those big benches are empty, but the sheriffs claim "fire regulations" don't allow more people in. 🤨
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I am again in the Lethbridge court house for pre-trial motions in the case of the 4 Coutts men charged with serious crimes, including conspiracy to commit murder. I will live-tweet the hearings as best as I can, subject to various publication bans.
— Ezra Levant 🍁🚛 (@ezralevant) July 25, 2023
I'll have video reports too.
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