Three men accused by the Crown of helping lead and coordinate the COVID-19 protest blockade at Coutts, Alta., in 2022 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.
Gasps of surprise were heard in a courtroom packed with supporters of the trio when the verdict was announced.
The three were on trial in Court of King91Ƶs Bench for their roles in a blockade that tied up cross-border traffic between Canada and the United States at Coutts for two weeks in early 2022 in protest of COVID-19 rules and restrictions.
Court of King91Ƶs Bench Justice Keith Yamauchi warned the packed courtroom before the six man, six woman jury came back with their verdict.
91ƵWhile this court understands the vested interest of those assembled this court will not allow those interests to interfere with the jury rendering its verdict without interruption or interjection,91Ƶ he said.
91ƵAnyone who cannot abide by or agree with that rule should now leave the courtroom.91Ƶ
The three men were comforted by about three dozen people outside the court.
Van Huigenbos and Janzen embraced.
91ƵLet91Ƶs hope they put us in the same spot,91Ƶ Van Huigenbos said.
Van Herk said he was initially optimistic due to the short time the jury deliberated.
91ƵIt was quite shocking right? And it91Ƶs like wow. You get that pit in your stomach but you know what, I have no answer to that. The jury decided and I91Ƶll accept it,91Ƶ Van Herk said.
Van Herk said he91Ƶs proud of participating in Coutts and holding politicians accountable.
91ƵIf that91Ƶs what it takes, that we can show politicians what is right, and we91Ƶll do whatever sentence that is. I91Ƶd do it again tomorrow.91Ƶ
The maximum sentence for public mischief over $5000 is 10 years in prison.
Van Huigenbos said he wasn91Ƶt surprised at the jury91Ƶs verdict.
91ƵHonestly there91Ƶs no surprise here for me. Based on the charge, based on the interpretation of the law. We91Ƶre guilty,91Ƶ he told reporters.
91ƵIt 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 rallied around and turned into a fire.91Ƶ
Neither Van Huigenbos nor Van Herk intend to appeal their convictions.
Jail time is a concern for Van Huigenbos.
91ƵI91Ƶm human. I worry more about how it will affect my kids, my wife. It91Ƶll affect me less. They91Ƶre the ones that will have to deal with this.91Ƶ
A pre-sentence report has been ordered for all three men. The case is scheduled to appear again July 22 before a sentencing hearing can be scheduled.
Earlier Tuesday, in closing arguments to the jury, Crown prosecutor Steven Johnston said jurors only needed to find the three were active participants in the blockade to return a guilty verdict.
91ƵThe right to protest does not let you lay siege to property for two weeks. It was not their highway to close,91Ƶ Johnston told the jury.
91ƵOne act, one statement of encouragement can be enough to convict.
91ƵThe Crown does not have to prove these men were the leaders.91Ƶ
The Crown said the evidence showed the accused were key players and became faces of the blockade and the three spoke on behalf of protesters.
91ƵThey are not some mere messengers. They use the words, 91ƵWe, our and us91Ƶ91Ƶ, Johnston said.
Defence lawyers didn91Ƶt call evidence during the trial, and the accused did not testify.
However, in cross-examining witnesses, the defence argued the trio was not guilty because the demonstration involved numerous strong-willed protesters who didn91Ƶt always publicly agree and sometimes went their separate ways.
In his closing argument, defence lawyer Ryan Durran told jurors his client, Van Huigenbos, was not a leader but was turned into a messenger by the RCMP.
91ƵMarco becomes like a switchboard operator connecting calls,91Ƶ said Durran.
91ƵMarco was there to convey a message. He stumbled into a role where he was a spokesman. Marco gave the RCMP the news of the day.91Ƶ
Lawyer Michael Johnston, representing Van Herk, said his client tried unsuccessfully on two occasions to convince the protesters to leave and was concerned about breaking federal laws.
91ƵNot everyone at the protest is guilty of a crime,91Ƶ Johnston said.
91Ƶ(Van Herk) wasn91Ƶt anyone of influence in anybody91Ƶs mind.91Ƶ
Janzen91Ƶs lawyer, Alan Honner, said his client was always willing to help other protesters sort out their problems as well as work with the RCMP.
91ƵThis is the real George Janzen. He helps because that is who he is,91Ƶ said Honner.
During the trial officers testified that as the protest dragged on, leadership coalesced around the three accused, and RCMP increasingly turned to them to negotiate.