LIVE UPDATES: Two of remaining 'Coutts Four' appear at court hearing
Ezra Levant is in Lethbridge, Alberta, where two of the remaining "Coutts Four" who are still in jail are making an appearance at a hearing. Earlier this month, two of the men were released after reaching plea deals on lesser charges with Crown prosecutors.
The four men were detained on serious charges linked back to the Coutts border blockade in February 2022, an action that occurred as the Freedom Convoy protest was happening in Ottawa.
Rebel News is crowdfunding the remaining legal fees of one of the men still detained, Chris Carbert. You can learn more about his story, or how you can help, at HelpChris.ca.
Follow along for updates from the hearing below:Β
I'm in Lethbridge for a pre-trial hearing involving the two remaining members of the Coutts Four. Those are four men who were charged with serious offences at the pandemic blockade in 2022. Two of them have recently taken plea bargains.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Some of the material discussed in courtβ¦
Chris Carbert's lawyer, Katherin Beyak, is on her feet. She's going through the details in the ITO and challenging them. (ITO stands for Information to Obtain. It's a document police bring to court in secret to get a search warrant).
β Ezra Levant ππ (@ezralevant) February 20, 2024
Obviously a search warrant hearing must be done ex parte. If you invited a criminal suspect to come to court, he'd know he was being surveilled. But because of the ex parte nature, police have a high duty to be candid with the facts, including facts that don't help them.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Was the ITO misleading? Did it exaggerate? Did it contain errors? Did it have exculpatory facts in it -- things that the accused's lawyers would have said had they been there, that the judge would have found useful?
β Ezra Levant ππ (@ezralevant) February 20, 2024
An ex parte hearing is an opportunity for police mischief.
Of course, anyone in the courtroom can hear all the details; and one can obtain the ITO from the court files. It's just unlawful to publish it.
β Ezra Levant ππ (@ezralevant) February 20, 2024
In the courtroom are other men who face charges from Coutts, non-violent charges; they're out on bail. The so-called Coutts Three -- Marco Van Huigenbos, George Janzen and Alex Van Herk -- are in the courtroom too. We'll be covering their trials, which begin next week.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Beyak talks about various hurdles police need to overleap before they can search someone.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Very interesting dispute over how the ITO characterized certain facts. I think the publication ban forbids me from giving details but there are some interesting revelations in here about undercover cops and what they did or didn't say.
β Ezra Levant ππ (@ezralevant) February 20, 2024
The saloon in Coutts was where the truckers and their supporters spent much of their time, especially given how cold it was outside. It was also constantly had both uniformed and undercover cops there.
β Ezra Levant ππ (@ezralevant) February 20, 2024
One of the prosecutors (Steven Johnston, I think) complains that members of the public are in the hallway of the courts, so he needs five more minutes in his break. What a whiner! The gallery groans. The judge grants him five extra minutes.
β Ezra Levant ππ (@ezralevant) February 20, 2024
The lawyers have reassembled. Even prosecutor Steven Johnston -- the poor lamb was barely able to get by the crowd in the hallway, but he did. God bless.
β Ezra Levant ππ (@ezralevant) February 20, 2024
First prosecutor is on his feet. (Not Steven Johnston -- I'll try to get the name.)
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor claims that police had a strong factual basis for their application for a search warrant.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor outlines his coming remarks, and how they fit in with the legal precedents that apply. Once again they refer to the "night entry" search warrant, the most dramatic police state power there is -- a no-knock raid on a resident. Terrifying.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor notes that all relevant facts need to be shown to the judge that the police had at the time.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor: searches can touch "anything relevant or rationally connected to the incident, the parties involved, and their potential culpability".
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor is going through the case law on search warrants.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Lots of interesting details subject to a publication ban. Which is fair: when evidence is admitted in a trial, it is subject to great scrutiny; if it is a witness, they are cross-examined. Since none of that has happened yet, these police accusations must stay unpublished.
β Ezra Levant ππ (@ezralevant) February 20, 2024
P.S. The court is on a lunch break now -- sorry for the lack of tweets.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Johnston sits down. Olienyk's lawyer, Marilyn Burns, stands up for a quick reply.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Tony Olienyk's lawyer Marilyn Burns concludes. Chris Carbert's lawyer, Katherin Beyak, stands up.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Carbert lawyer Beyak says the police didn't know what they were looking for.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Best point of the day is Beyak's questioning of the wisdom of a no-knock, night-time, police raid on a residence. Absolutely insane, reminiscent of the FBI raid on the Branch Davidians. I'd like to give some more details but I can't under the publication ban. I will, at trial.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Beyak wraps up her comments. Judge has a quick comment to answer a question.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Judge: I won't rule on the validity of the search warrants today "on the face of it". Crown didn't agree to go further into other arguments about the warrant. Judge wants to know what to do next.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Steven Johnston: counsel for both sides should confer.
Court fills back up with visitors. All lawyers are present. Prisoners about to be brought back in.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Judge is back. Prosecutor Johnston is on his feet. He says the lawyers have conferred and they want to end for the day, and start again tomorrow morning by examining a police officer (who I presume was involved with drafting the ITO).
β Ezra Levant ππ (@ezralevant) February 20, 2024
Sorry, sounds like more pre-trial hearing dates, not trial dates.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Prosecutor Johnston says there are two police witnesses lined up, if I heard him right.
β Ezra Levant ππ (@ezralevant) February 20, 2024
Judge: we're adjourned until 10 a.m. tomorrow morning.

