Alberta’s top court has upheld the convictions of two leaders of the COVID-19 border blockade at Coutts, Alta. The three-judge panel, in a judgment issued Thursday, also cited Charter breaches and other problems with the investigation. But the judges ruled the breaches were not severe enough to merit overturning the decisions of the trial court. “The appeals are both dismissed,” the court stated. Chris Carbert and Anthony Olienick were convicted by a jury in 2024. They were sentenced to 6 1/2 years for mischief and possession of a weapon for a dangerous purpose. Jurors found them not guilty on a charge of conspiring to kill RCMP officers. Olienick was also convicted of possessing a pipe bomb. The appeal court found that while police were right to bypass normal procedure and place a wiretap on Olienick without a warrant, doing the same to Carbert breached his Charter rights as the evidence didn’t show he posed a similar, immediate threat to police. It also agreed with the trial judge’s ruling about the police search warrant for evidence in the buildings at the protest site where the two accused were staying. The trial judge ruled the search warrant should have been more focused to zero in on where the accused were believed to be residing. The appeal court also found that the trial judge should have taken into account the effects of the multiple Charter breaches. The men were arrested in early 2022 after police found a cache of weapons, ammunition and body armour near the blockade at the Canada-U.S. border crossing. They were among multiple people charged for their roles at the blockade, which halted traffic for two weeks in a protest against COVID-19 rules and vaccine mandates. Both men have been out on bail during the appeal. A second hearing is expected to deal with the appeal of sentences. This report by The Canadian Press was first published Oct. 1, 2026. Bill Graveland, The Canadian Press
