Lawyer for Coutts protester suggests jury rushed to judgment before long weekend

The lawyer for a man convicted of mischief for his actions at the Coutts border blockade drew the ire of a judge Monday by suggesting jurors rushed to a verdict because they were in a hurry to get out before the August long weekend.

Marilyn Burns also drew criticism from the Crown prosecutor when she hinted the jurors were culturally biased when they convicted Anthony Olienick on a firearms possession charge.

Burns's comments came in Court of King's Bench as lawyers on both sides and Justice David Labrenz began discussing what facts should be considered in determining a fit sentence for Olienick and Chris Carbert.

Earlier this month, a jury convicted Olienick and Carbert of mischief and possession of a firearm for a dangerous purpose for their roles at the Coutts border blockade in early 2022.

Olienick was also convicted of possession of a pipe bomb.

The jury found both not guilty of the more serious charge of conspiring to murder police officers.

The jury came to a decision late on the night of Friday, Aug. 2, before the August long weekend on its third day of deliberations.

Burns told Labrenz the timing was curious.

"This jury took a long time to come to this decision," said Burns. "Did they come to the same conclusion on count two for different reasons because it was late on a Friday evening before a long weekend and there were compromises? We can't know that."

Labrenz shot back: "You're being very insulting to the jury. [Are you] trying to insinuate they rushed to judgment because it was a long weekend?"

Burns replied, "They were a great jury. I don't mean to be insulting."

Burns also drew criticism when, while discussing the weapons charge, she said the jury made a "cultural decision."

She did not explain the remark, but Crown prosecutor Steven Johnston told court she was inferring an urban bias.

"The jury is who we got," Johnston told court.