In Calgary courts: Convicted Coutts border protester can be released on bail pending appeal, judge rules
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Justice Jo'Anne Strekaf said despite concerns from the Parole Board of Canada that Carbert presents 'an undue risk to society' if granted parole, she found no serious concern exists.
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'The applicant has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detection pending the hearing of his appeal,' Strekaf said in a written decision.
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Carbert has appealed his convictions by a Lethbridge jury of possession of weapons for a purpose dangerous to the public peace and mischief in connection with a border blockade in connection with a protest against COVID-19 restrictions and vaccine mandates.
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Carbert was part of a group which blocked the border for two weeks in February, 2022.
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Last Sept. 9, he was sentenced to the equivalent of a 6 1/2-year sentence, but with credit for remand time had two years, seven months and 21 days left to serve.
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He was eligible for day parole on March 6, and full parole July 27, but was denied both on April 29.
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Strekaf agreed with defence counsel Katherin Beyak that despite those decisions by the Parole Board her client should be released pending his two appeals.
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Although he was convicted of serious offences, the Alberta Court of Appeal judge agreed with Beyak there were legitimate grounds of appeal to be considered.
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Carbert was found to be on possession of 'multiple firearms including a prohibited semi-automatic rifle, over-capacity magazines and thousands of rounds of ammunition,' while under a lifetime weapons prohibition, Strekaf noted.
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'In sentencing the applicant, the trial judge found that the applicant had armed himself with firearms, ammunition and body armour for the purpose of engaging with the police if he deemed it necessary to do so in the context of the Coutts border blockade.'
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Strekaf said if kept in custody pending appeal, he may serve his entire sentence, without any remission, even if his appeal is successful.
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She noted Carbert's conviction appeal hearing is set for Sept. 11, and if that decision is reserved by the court his sentence appeal, if necessary, may not be determined until after his full sentence is complete.
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