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
Judge in Trump's hush money trial threatened to throw witness out of court for behavior on stand
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
McGill says pro-Palestinian protest outside senior administrator's home 'crosses the line'
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
Microsoft's AI chatbot will 'recall' everything you do on a PC
Microsoft wants laptop users to get so comfortable with its artificial intelligence chatbot that it will remember everything you're doing on your computer and help figure out what you want to do next.
Judge cites error, will reopen sentencing hearing for man who attacked Nancy Pelosi's husband
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.
Woman, 35, in critical condition after her truck collided with a Via Rail train near Montreal
A 35-year-old woman is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.
Local Spotlight
VIDEO Born without front legs, this dog has been inspiring the world for 3 years: Dresden farm owner
A sanctuary dedicated to animals with disabilities is celebrating the third birthday of one of its most popular residents.
7-year-old Pokémon prodigy heading to Hawaii for world championship tournament
Catching 'em all with impressive speed, a 7-year-old boy from Windsor, Ont. who only started his competitive Pokémon journey seven months ago has already levelled up to compete at a world championship level.
From DVDs to rehearsals: Halifax theatre company transforms Video Difference building into arts hub
2b Theatre recently moved into the old Video Difference building, seeking to transform it into an artistic hub, meeting space, and temporary housing unit for visiting performers in Halifax.
'Another pair of eyes watching over me:' How a B.C. woman's service dog saved her from drowning
A B.C. woman says her service dog pulled her from a lake moments before she had a seizure, saving her life.
Starbucks fan on decades-long journey to visit every store in the world
A Starbucks fan — whose name is Winter — is visiting Canada on a purposeful journey that began with a random idea at one of the coffee chain's stores in Texas.
'Sacred work': Sask. First Nation learning how to conduct its own underground searches
Members of Piapot First Nation, students from the University of Winnipeg and various other professionals are learning new techniques that will hopefully be used for ground searches of potential unmarked grave sites in the future.
'It could mean a cure': Cautious optimism for groundbreaking ALS research at Western
ALS patient Mathew Brown said he’s hopeful for future ALS patients after news this week of research at Western University of a potential cure for ALS.
B.C. musician's song catches attention of Canucks
When Adam Kirschner wrote 'Slap Shot,' he never imagined the song would be embraced by his favourite team.
'We're on standby': Team ready to help entangled right whale in Gulf of St. Lawrence
A team is ready to help an entangled North Atlantic right whale in the Gulf of St. Lawrence.