Trio found guilty of mischief for roles in 2022 border blockade at Coutts, Alta.
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 King's 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 King's Bench Justice Keith Yamauchi warned the packed courtroom before the six man, six woman jury came back with their verdict.
"While 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," he said.
"Anyone who cannot abide by or agree with that rule should now leave the courtroom."
The three men were comforted by about three dozen people outside the court.
Van Huigenbos and Janzen embraced.
"Let's hope they put us in the same spot," Van Huigenbos said.
Van Herk said he was initially optimistic due to the short time the jury deliberated.
"It was quite shocking right? And it's like wow. You get that pit in your stomach but you know what, I have no answer to that. The jury decided and I'll accept it," Van Herk said.
Van Herk said he's proud of participating in Coutts and holding politicians accountable.
"If that's what it takes, that we can show politicians what is right, and we'll do whatever sentence that is. I'd do it again tomorrow."
The maximum sentence for public mischief over $5000 is 10 years in prison.
Van Huigenbos said he wasn't surprised at the jury's verdict.
"Honestly there's no surprise here for me. Based on the charge, based on the interpretation of the law. We're 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 rallied around and turned into a fire."
Neither Van Huigenbos nor Van Herk intend to appeal their convictions.
Jail time is a concern for Van Huigenbos.
"I'm human. I worry more about how it will affect my kids, my wife. It'll affect me less. They're the ones that will have to deal with this."
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.
“The right to protest does not let you lay siege to 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.
“The Crown does not have to prove these men were the leaders.”
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.
"They are not some mere messengers. They use the words, ‘We, our and us'", Johnston said.
Defence lawyers didn't 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 didn’t 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.
“Marco becomes like a switchboard operator connecting calls,” said Durran.
“Marco 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."
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.
"Not everyone at the protest is guilty of a crime," Johnston said.
"(Van Herk) wasn't anyone of influence in anybody's mind."
Janzen's lawyer, Alan Honner, said his client was always willing to help other protesters sort out their problems as well as work with the RCMP.
"This is the real George Janzen. He helps because that is who he is," 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.
This report by The Canadian Press was first published April 16, 2024.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Air Canada pauses new seat selection fee days after implementing it
Air Canada has paused a new seat selection fee for travellers booked on the lowest fares just days after implementing it.
3 law officers killed, 5 others wounded trying to serve warrant in North Carolina, authorities say
Three officers on a U.S. Marshals Task Force serving a warrant for a felon wanted for possessing a firearm were killed and five other officers were wounded in a shootout Monday at a North Carolina home, police said.
Province boots mayor and council in small northern Ont. town out of office
An ongoing municipal strike, court battles and revolt by half of council has prompted the province to oust the mayor and council in Black River-Matheson.
'Shocked and concerned': Calgary principal charged with possession of child pornography
A Calgary elementary school principal has been charged with possession of child pornography, authorities announced Monday.
Toronto police arrest 12 people, lay 102 charges in major credit card fraud scheme
Toronto police say 12 people are facing a combined 102 charges in connection with an investigation into a major credit fraud scheme.
Archeologists search for remnants of Halifax's 250-year-old wall that surrounded the city
Archeologist Jonathan Fowler is using ground-penetrating radar to search for historic evidence of the massive wall that surrounded Halifax more than 250 years ago.
Winner of US$1.3 billion Powerball jackpot is an immigrant from Laos who has cancer
One of the winners of a historic US$1.3 billion Powerball jackpot last month is an immigrant from Laos who has had cancer for eight years and had his latest chemotherapy treatment last week.
B.C. premier says Vancouver speech praising Hamas attack was 'most hateful' he can imagine
B.C. Premier David Eby has joined other politicians denouncing remarks at a demonstration in Vancouver where protesters chanted “long live Oct. 7,” praising that day's attacks by Hamas on Israel.
Norovirus spreading at 'higher frequency' than expected in Canada
Norovirus is spreading at a 'higher frequency' than expected in Canada, specifically, in Ontario and Alberta, according to the Public Health Agency of Canada.
Local Spotlight
Canada's oldest hat store still going strong after 90 years
Since 1932, Montreal's Henri Henri has been filled to the brim with every possible kind of hat, from newsboy caps to feathered fedoras.
Road closed in Oak Bay, B.C., so elephant seal can cross
Police in Oak Bay, B.C., had to close a stretch of road Sunday to help an elephant seal named Emerson get safely back into the water.
B.C. breweries take home awards at World Beer Cup
Out of more than 9,000 entries from over 2,000 breweries in 50 countries, a handful of B.C. brews landed on the podium at the World Beer Cup this week.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.
Haida Elder suing Catholic Church and priest, hopes for 'healing and reconciliation'
The lawyer for a residential school survivor leading a proposed class-action defamation lawsuit against the Catholic Church over residential schools says the court action is a last resort.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.