Alberta protesters get 6 1/2-year sentences for roles in Coutts border blockade

One of two men sentenced Monday to 6 1/2 years for firearms violations and mischief at the border blockade at Coutts, Alta., says the time he has already spent behind bars has changed him and his "solemn weapon” is now love.

"Stay strong, live free, spread love — not war," Anthony Olienick, reading from a prepared statement, told a Court of King’s Bench judge before sentencing.

“I've gained a stronger understanding into what divine destiny awaits me," he added.

"I will continue to help others spreading truth, happiness and joy. Unifying people together by using love as my solemn weapon.”

His co-accused, Chris Carbert, declined to speak before Justice David Labrenz delivered his sentencing decision.

Neither man is to serve their full sentence, as the judge gave them nearly four years credit for time they have spent in custody since their arrests in February 2022.

Olienick showed no emotion while Carbert appeared glum and folded his arms as the sentences were handed down.

The blockade tied up traffic at the Canada-U.S. border crossing for two weeks in early 2022. It was among several nationwide protests against COVID-19 rules and vaccine mandates, which had polarized public opinion.

The lingering polarity was evident Monday. A disapproving murmur from supporters of the two protesters could be heard in the courtroom as the sentence was read out. The judge had earlier warned that no outbursts would tolerated.

"Bye Chris. Bye Tony. Keep your heads up," said one man as Carbert and Olienick were led out of the prisoner's dock.

Last month, a jury found the pair guilty of mischief over $5,000 and possession of a weapon dangerous to the public peace. Olienick was also convicted of possessing a pipe bomb.

They were found not guilty of the most serious charge they faced — conspiracy to murder police officers at the blockade. 

The men were arrested after RCMP found guns, ammunition and body armour in trailers near the blockade. The remaining protesters then peacefully dispersed.

The trial heard Olienick and Carbert believed they were taking a necessary stand against potential tyranny and injustice.

While the two men believed their cause just, the judge said, they can't be allowed to take the law into their own hands. 

“Both armed themselves for the purpose of using those weapons against police,” said Labrenz.

“Fortunately, neither man decided the timing was right for a surprise attack."

He added there was a credible threat to police and the public.

Olienick was given six years for possession for the firearms conviction, a concurrent six-month sentence for mischief and an additional six months for possession of a pipe bomb. 

Carbert was given 6 1/2 years for the firearms offence and a concurrent six-month term for mischief. 

Both were given a lifetime firearms prohibition and ordered to provide DNA.

The Crown had argued the men should serve nine years, citing the potential of violence against police.

Defence lawyers said the time the men had already served in custody was sufficient punishment. Outside court, they said they were disappointed and planned to appeal the sentences and the firearms convictions.

"I think there was a lot of room for the sentence to be lower, and I think it should have been lower," said Carbert's lawyer, Katherin Beyak.

"The hope was he would be going home today, and obviously that's not happening."

Earlier this year, two other protesters charged with conspiracy to commit murder at the blockade pleaded guilty 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 already served. 

This report by The Canadian Press was first published Sept. 9, 2024.