Achi news desk-
Following the trial of a trio accused of masterminding the COVID-era border blockade in Coutts, Alta., the defense saw the defense follow the opposite narrative Thursday of a mishmash protest where no one had the power to call the shots.
“You couldn’t tell us who was actually responsible for the (blocking) trucks that came down on the 29ed (in January),” defense lawyer Michael Johnston submitted to former Coutts mayor Jim Willett during cross-examination.
“We can’t,” replied Willett.
“It seems like a rather chaotic protest, still, on February 2nd. Is that fair?” said Johnston.
“Probably, yes,” said Willett.
Johnston is Alex Van Herk’s lawyer.
Van Herk, Marco Van Huigenbos, and Gerhard Janzen are on trial before a jury after pleading not guilty to mischief over $5,000.
Crown prosecutors have told jurors they plan to prove the trio led the protest that tied up cross-border traffic between Alberta and Montana for two weeks in early 2022 in protest of COVID-era rules and restrictions.
The Crown noted that after 15 days, a video message posted online by the men asking protesters to go home had achieved what the Mounties could not.
The Crown emphasized that the case is not about COVID-19 or free speech but simply that people cannot decide on their own to close a major transportation gateway.
Willlett has testified that when the blockade began to form, he was concerned about the welfare of the 200 people in his village and the chance that they could be cut off from medical aid and foodstuffs.
Willett identified Van Herk as one of the protest leaders, but was challenged on that point by Johnston.
Willett was asked about meeting Van Herk and his impressions of how things were going.
“You were trying to figure out who you could talk to? Who was the big cheese?” said Johnston, adding, “(Van Herk) looked like one of the most haggard people you’ve ever seen. Is that fair?”
“He looked quite frustrated,” said Willett.
Johnston asked if Willett’s impression was that Van Herk was trying to direct some “order into the chaos” and get protesters to leave.
“That’s what he was suggesting,” Willett said.
Johnston played a video from the protesters’ gathering place, Smuggler’s Saloon, where Van Herk is seen asking for a vote to try to get everyone to leave but is met with vocal opposition.
“Who is in favor of us all starting our trucks and leaving as one group so they can never pin it on anyone. We leave completely and we drive away,” Van Herk is seen tells the raucous crowd.
“We are making an illegal blockade. There is no need for (police) to negotiate.”
Several men on the video argue back.
“I’m not worried, let them come,” said one man.
“The only way I’m leaving is in a (police) cruiser,” said another.
Johnston asked Willett if there was any one group that was in charge of the protest.
“It was a bunch of people I didn’t know driving a bunch of upset vehicles. That’s the impression I got,” replied Willett.
“So,” said Johnston, “It sounds like there’s a bunch of different groups that are in this protest … not just one kind of cohesive group.”
“That’s the impression I got,” said Willett.
The trial is expected to run until April 19.
This report was first published by The Canadian Press on April 4, 2024.
