Calgary

Both Coutts blockade leaders denied parole over 'lack of accountability'

One of the two men serving a prison sentence related to the pandemic-era border blockade received a largely glowing review of his time in prison, while the other's was described as "unproblematic," but the Parole Board of Canada found both men demonstrated a lack of accountability and denied them early release.

Board notes Chris Carbert 'quiet and respectful' in prison, Anthony Olienick 'unproblematic'

On the left, Olienick is pictured, while Carbert is to the right.
Tony Olienick, left, and Chris Carbert, right, are serving time in prison for convictions related to their activities at the Coutts border blockade in 2022. (Instagram, Facebook)

One of the two men serving a sentence for their actions during the Coutts pandemic-era border blockade and protest has been denied parole despite a largely glowing review of his time in prison.

The other man's time behind behind bars was described as "unproblematic" but he was also denied parole, as the Parole Board of Canada found both men demonstrated a lack of accountability for their actions.

Chris Carbert and Anthony Olienick were convicted of mischief over $5,000 and possession of a weapon for a dangerous purpose. They were acquitted of the more serious charge of conspiring to murder RCMP officers during the 2022 border protest. 

In September, both men were handed 6½-year sentences, but with credit for the time he'd served pending trial, Carbert had two years, seven months left behind bars. 

Seven months into his remaining 31-month sentence, Carbert applied for parole. A hearing took place before two Parole Board of Canada members.

"You have dedicated yourself to personal growth through various educational and spiritual activities," reads the parole board report. 

'Quiet and respectful'

The board's 10-page, recently released decision sheds light on Carbert's progress in prison and the reasons the board denied him release on both day and full parole.

The decision notes that Carbert completed his high school diploma, worked three prison jobs, attended Bible college and completed vocational tickets. 

Carbert is described in the document as "quiet and respectful," having "not demonstrated any evidence of an attitude of disrespect for authority."

During his hearing, the board noted Carbert described attending the Coutts protest as "the worst decision you have ever made."

'Your thoughts became disoriented'

In the months leading up to the convoy, Carbert began stockpiling food and supplies in preparation for living off-grid. 

"The global pandemic appears to have contributed to your self-radicalization by way of online information through untrustworthy sources," reads the report. 

"Your thoughts became disoriented and you did not consider alternatives," reads the report. 

An aerial view of trucks blocking both sides of the highway.
Anti-mandate demonstrators gather as a truck convoy blocks the highway at the U.S. border crossing in Coutts, Alta., on Jan. 31, 2022. (Jeff McIntosh/The Canadian Press)

The week-long blockade involved semis, trucks and farm vehicles as protesters railed against government-imposed public health measures. 

Carbert was among a small group identified as acting as security for the convoy. 

Two weeks into the protest, Carbert and three others were arrested after police seized a number of guns, body armour, high-capacity magazines and thousands of rounds of ammunition.

Many of the seized weapons were found in a trailer Carbert was staying in with two others.

Prepared to engage

Investigators believed Carbert saw the protest as a war against police and was fully prepared to engage officers with deadly force.

None of the four men were convicted of the most serious offence they faced: conspiracy to murder RCMP officers. 

Earlier this year, Christopher Lysak and Jerry Morin pleaded guilty to firearms offences and were handed time-served sentences. 

In sentencing Carbert and co-accused Anthony Olienick, the judge noted there was a credible threat to police and the public. 

"Both armed themselves for the purpose of using those weapons against police," said Justice David Labrenz.

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

'Lack of accountability'

When asked about the harm he had caused, Carbert noted the "inconvenience" he'd created for people looking to travel across the border. 

The board found this was one example of Carbert's "attempts to minimize" his involvement and evidence of "cognitive distortions."

When questioned about the firearms found in his trailer, Carbert told the panel that he had one gun for coyote hunting and the other gun was for "showing off."

"You demonstrated a lack of accountability for your actions, particularly as it relates to the stockpiling of firearms and ammunition, and their intended purpose," wrote the board.

Appeal pending could cause problems 

Another problem the board found was that Carbert refused to discuss certain aspects of his crimes because of a pending appeal. 

When this happens, the parole board reverts back to the judge's findings, said Amy Matychuk, a lawyer and the founder of Prison and Police Law, a firm that specializes in prison justice and police misconduct. 

"It might not be the fact that the appeal is pending but just that the parole board considers having an appeal pending as being an indication that someone doesn't take accountability … they are so focused on accountability."

Matychuk suspects the board was looking for Carbert to identify risk factors that led to his offences. 

"They wanted him to say 'my risk factors were, I was isolated: here are the steps that I'm taking to make sure I am not isolated … my risk factor was that I was radicalized online: here's what the steps I'm taking to not become radicalized online anymore,' and he just didn't seem willing to admit that he had been radicalized, perhaps," said Matychuk. 

"I think that they wanted him to give them more detail about why he wouldn't make the same decision again."

Olienick's prison behaviour 'unproblematic'

Olienick's application for parole was heard by the same two-person board.

In a written submission, Olienick cited his prison behaviour to date, and the board acknowledged he had "completed 44 bible study classes, attended chaplaincy services (including music therapy) and engaged in educational upgrading."

But they said these factors carried "minimal weight" in light of Olienick's personal history and the lack of accountability he has demonstrated.

"In the institution, your behaviour has been unproblematic, but there is limited evidence of any change in your thought processes or decision-making, insight into your crime cycle or any true accountability for the harm that you caused," they wrote in their decision.

They noted Olienick, 42, had lived a "generally prosocial life prior to incarceration" but has not demonstrated a grasp of the severity of his crimes, which included possession of two pipe bombs.

'Baffling' grasp of seriousness of offence

The explosives "directly jeopardized" officers who searched his property, the board noted in their decision.

"In addition, you armed yourself with firearms for the express purpose of potentially engaging in a shootout with the police if and when you deemed it necessary," the board wrote.

During the hearing, the board noted, Olienick described himself as "not a violent person" and said he does not have "any ill intent."

"Given the nature and gravity of the index offences and the specific facts found by the court, your answer is baffling," the board wrote.

They added: "It makes the board wonder, do you regret your actions or the fact that you were caught?"

Olienick is also appealing his conviction.

So too is the Crown, which is seeking new trials for Carbert and Olienick on the more serious charge of conspiring to murder RCMP officers, for which both men were acquitted.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.

With files from Robson Fletcher