Achi news desk-
Three men accused by the Crown of helping lead and coordinate a 2022 COVID-19 protest blockade in Coutts, Alta., have been found guilty of mischief.
Jurors deliberated for three hours Tuesday night before finding Alex Van Herk, Marco Van Huigenbos, and Gerhard (George) Janzen guilty of one count each of mischief over $5,000.
A gasp of surprise was heard in a court that was packed with supporters of the trio when the verdict was announced.
The three were on trial in the Court of King’s Bench for their roles in a blockade that linked cross-border traffic between Canada and the United States at Coutts for two weeks in early 2022 in protest against the rules and restrictions of COVID-19.
Court of King’s Bench Judge Keith Yamauchi warned the packed courtroom before the six-man, six-woman jury returned with their verdict.
“While this court understands the personal interest of those assembled, this court will not allow those interests to interfere with the jury’s rendering of its verdict without interference or interference,” he said.
“Anyone who cannot abide by that rule or agree with that rule should leave the courtroom now.”
The three men were comforted by around three dozen people outside the court.
Van Huigenbos and Janzen embraced.
“Hopefully they’ll put us in the same place,” Van Huigenbos said.
Van Herk said he was initially optimistic because of the short time the jury was deliberating.
“It was pretty shocking right? And it’s like wow. You get that pit in your stomach but you know what, I don’t have any answer to that. The jury decided and I’ll accept it,” he said Van Herk.
Van Herk said he was proud to take part in Coutts and hold politicians accountable.
“If that is what is needed, that we can show politicians what is right, and we will make whatever sentence that is. I would make it again tomorrow.”
The maximum sentence for public mischief over $5000 is 10 years in prison.
Van Huigenbos said he was not surprised by the jury’s verdict.
“Honestly there is no surprise here for me. Based on the charge, based on the interpretation of the law. We are guilty,” he told reporters.
“It was much more than just 18 days on a highway in the middle of nowhere. We shook and threatened the pinnacle of power in this province. Coutts was the flame that the grassroots stirred up and turned into fire. “
Neither Van Huigenbos nor Van Herk plan to appeal their convictions.
Jail time is a concern for Van Huigenbos.
“I’m human. I’m more concerned about how it will affect my children, my wife. It will affect me less. They are the ones who will have to deal with this.”
A pre-sentence report has been ordered for all three men. The case is due to appear again on July 22 before a sentencing hearing can be scheduled.
Earlier on Tuesday, in closing arguments to the jury, Crown prosecutor Steven Johnston said jurors only needed to find the three actively involved in the blockade to return a guilty verdict.
“The right to protest does not allow you to lay siege to a property for two weeks. It was not their highway to close,” Johnston told the jury.
“One act, one statement of encouragement can be enough to convict him.
“The Crown does not have to prove that these men were the leaders.”
The Crown said that the evidence showed that the accused were key players and had become the faces of the siege and the three spoke on behalf of protesters.
“They are not just some messengers. They use the words, ‘We, our and us'”, said Johnston.
Defense lawyers did not call evidence during the trial, and the accused did not testify.
However, when cross-examining witnesses, the defense argued that the trio were innocent because the demonstration included a number of strong protesters who did not always agree publicly and sometimes went their separate ways.
In his closing argument, defense lawyer Ryan Durran told jurors that his client, Van Huigenbos, was not a ringleader but was turned into a messenger by the RCMP.
“Marco comes as a switchboard operator connecting calls,” Durran said.
“Marco was there to convey a message. He stumbled into a role where he was a spokesperson. Marco gave the RCMP the news of the day.”
Attorney Michael Johnston, who represents Van Herk, said his client had tried unsuccessfully on two occasions to convince the protesters to leave and was concerned about violating federal laws.
“Not everyone in the protest is guilty of a crime,” Johnston said.
“(Van Herk) was not a person of influence in anyone’s mind.”
Janzen’s lawyer, Alan Honner, said his client was always willing to help other protesters solve their problems as well as work with the RCMP.
“This is the real George Janzen. It helps because that’s who he is,” Honner said.
During the trial officers testified that, as the protest dragged on, the leadership had coalesced around the three accused, and that the RCMP was increasingly turning to them to discuss.
This report was first published by The Canadian Press on April 16, 2024.
