Three men accused by the Crown of helping lead and coordinate the COVID-19 protest lockdown in 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 room full of the trio’s supporters when the verdict was announced.
The three were on trial in King’s Court for their role in a blockade that paralyzed 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.
King’s Bench Judge Keith Yamauchi warned the packed courtroom before the jury of six men and six women returned with their verdict.
“While this court understands the vested interests of those assembled, it will not allow those interests to interfere with the jury rendering its verdict without interruption or interjection,” he said.
“Anyone who cannot abide or agree with that rule should leave the courtroom.”
The three men were comforted by about three dozen people outside the courthouse.
Van Huigenbos and Janzen hugged each other.
“Hopefully they put us in the same place,” Van Huigenbos said.
Van Herk was initially optimistic given the short time the jury was deliberating.
“It was pretty shocking, right? And it’s like wow. You feel that pit in your stomach, but you know what? I don’t have an answer for that. The jury decided and I’ll take it,” Van Herk said.
Van Herk said he is proud to be involved in Coutts and to hold politicians accountable.
“If that’s what it takes, let’s show the politicians what’s right, and we’ll carry out whatever sentence it is. I’d do it again tomorrow.”
The maximum penalty for public mischief exceeding $5,000 is 10 years in prison.
Van Huigenbos said he was not surprised by the jury’s verdict.
“Honestly, there is no surprise to me. According to the accusation, according to 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 around which the grassroots rallied and turned into fire.”
Neither Van Huigenbos nor Van Herk intend to appeal their convictions.
Prison time is a concern for Van Huigenbos.
“I’m human. I’m more worried about how this will affect my kids, my wife. It’ll affect me less. They’re the ones who will have to deal with this.”
A pre-sentence report has been ordered for all three men. The case is scheduled to reappear on July 22 before a sentencing hearing can be scheduled.
In his closing arguments to the jury earlier Tuesday, Crown prosecutor Steven Johnston said jurors only needed to find that the three were active participants in the blockade to return a guilty verdict.
“The right to protest does not allow besieging properties for two weeks. It was not their decision to close,” Johnston told the jury.
“An act, a statement of encouragement may be enough to convict.
“The Crown does not have to prove that these men were the leaders.”
The Crown said the evidence showed the defendants were key players and became faces of the blockade and that all three spoke on behalf of the protesters.
“They’re not just messengers. They use the words ‘We, our and us,'” Johnston said.
Defense attorneys did not request evidence during the trial and the defendant did not testify.
However, when cross-examining witnesses, the defense argued that the trio was not guilty because the demonstration included numerous tenacious protesters who did not always publicly agree and sometimes went their separate ways.
In his closing argument, defense lawyer Ryan Durran told jurors that his client, Van Huigenbos, was not a leader but was turned into a messenger by the RCMP.
“Marco becomes like a switchboard operator connecting calls,” Durran said.
“Marco was there to convey a message. He stumbled upon a role in which he was a spokesperson. Marco gave the RCMP the news of the day.”
Attorney Michael Johnston, who represents Van Herk, said his client twice tried unsuccessfully to convince protesters to leave and was concerned about violating federal laws.
“Not everyone at the protest is guilty of a crime,” Johnston said.
“(Van Herk) was not someone who had influence on anyone’s mind.”
Janzen’s lawyer, Alan Honner, said his client was always willing to help other protesters resolve their problems, as well as work with the RCMP.
“This is the real George Janzen. He helps because that’s what he is,” Honner said.
During the trial, officers testified that as the protest dragged on, leaders rallied around the three defendants and the RCMP increasingly turned to them for negotiations.
This report by The Canadian Press was first published April 16, 2024.