Three men, Alex Van Herk, Marco Van Huigenbos, and Gerhard (George) Janzen, were found guilty of mischief by a jury for their roles in leading and coordinating a COVID-19 protest blockade at Coutts, Alta., in 2022. The blockade tied up cross-border traffic between Canada and the United States for two weeks in protest of COVID-19 rules and restrictions. The trio was comforted by supporters outside the courtroom after the verdict was announced. While Van Herk expressed shock at the verdict, he also stated that he was proud of participating in the protest and holding politicians accountable. The maximum sentence for public mischief over $5000 is 10 years in prison, and a pre-sentence report has been ordered for all three men.
Marco Van Huigenbos and Alex Van Herk, two of the accused men, expressed acceptance of the jury’s verdict and indicated that they do not intend to appeal their convictions. Van Huigenbos mentioned concerns about the impact of potential jail time on his family, while Van Herk emphasized the importance of showing politicians what is right and being willing to do it again. The Crown argued that the accused were active participants and key players in the blockade, regardless of whether they were leaders, and pointed to evidence showing their involvement in speaking on behalf of the protesters. Defence lawyers did not call evidence during the trial, and the accused did not testify.
Crown prosecutor Steven Johnston emphasized to the jury that the right to protest does not give individuals the right to lay siege to property for an extended period of time. He stated that jurors only needed to find the accused were active participants in the blockade to return a guilty verdict. Defence lawyers argued that the trio was not guilty because the demonstration involved numerous protesters who did not always agree and sometimes went their separate ways. They portrayed Van Huigenbos as a messenger who was turned into a spokesman by the RCMP, Van Herk as someone who tried to convince protesters to leave, and Janzen as someone who helped resolve problems and worked with the RCMP.
The accused did not testify during the trial, and defence lawyers did not call evidence. However, during cross-examination, they argued that the protesters at Coutts were strong-willed individuals who did not always agree on their actions. Defence lawyer Ryan Durran portrayed Van Huigenbos as a switchboard operator connecting calls and argued that he was turned into a spokesman by the RCMP. Michael Johnston, representing Van Herk, emphasized his client’s attempts to convince protesters to leave and concerns about breaking federal laws. Alan Honner, Janzen’s lawyer, highlighted his client’s willingness to help others and work with the RCMP. Officers testified during the trial that leadership coalesced around the three accused as the protest continued, and the RCMP increasingly turned to them to negotiate.
