Demonstrators against COVID-19 vaccine mandates and other restrictions leave in a truck convoy after blocking the highway at the busy U.S. border crossing near Coutts, Alta., on Feb. 15.Jeff McIntosh/The Canadian Press
The Crown is attempting to streamline the cases of four men charged with conspiracy to commit murder at a border blockade protest in southern Alberta.
Prosecutor Steven Johnston told court in Lethbridge, Alta., on Monday that the Crown is preparing a direct indictment for Christopher Lysak, 48, who has already waived his right to a preliminary hearing so his trial can go ahead.
He requested a trial by judge and jury.
An accused is normally entitled to a preliminary hearing, but the Crown can override that by filing a direct indictment, which has to be approved by the attorney-general.
“The Crown has prepared a direct indictment in this matter and it also joins three other gentlemen with the same person,” Mr. Johnston told Court of Queen’s Bench Justice Dallas Miller.
The Crown has already indicated it intends to try the four together.
Mr. Lysak, who is also charged with uttering threats, possession of a weapon and mischief to property over $5000, was denied bail March 2.
Chris Carbert, Anthony Olienick and Jerry Morin remain in custody as they wait for bail hearings. Mr. Johnston didn’t confirm whether direct indictments will be sought for them.
Mr. Lysak’s lawyer, Jim Lutz, expressed disappointment that a trial date has yet to be scheduled.
“My client’s been in custody since March 2. We hoped to have it set today,” said Mr. Lutz.
The judge asked for assurances that the Crown will be ready to set a date on June 13.
“Hopefully … we will be able to set dates, but obviously I can’t speak to people who are not here,” Mr. Johnston said.
He also rejected the possibility of revisiting Mr. Lysak’s possible release on bail before his trial.
A May 19 bail hearing was previously set for Mr. Carbert. His lawyer, Balfour Der, has told the court that Mr. Carbert will be pleading not guilty and seeking a judge and jury trial, but would also be requesting a preliminary inquiry. Mr. Morin has a bail hearing June 24.
With a population of just 250 people, Coutts, Alta., was thrust into the national spotlight when a convoy of truckers and their supporters set up on the main highway into the village on Jan. 29 to demand an end to mandated vaccines and other pandemic health measures.
The blockade, which closed the main crossing between Alberta and the United States, lasted for almost three weeks.
Fourteen people were charged after RCMP found a cache of long guns, handguns, body armour, large amounts of ammunition and high-capacity magazines in three trailers.
Police allege a group at the protest was willing to use force if the blockade was disrupted and described the threat as “very serious.”
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