LETHBRIDGE, Alta. – One in all two males who turned the faces of a blockade at a key Alberta border crossing in 2022 supplied a public apology Thursday on the finish of sentencing arguments.
“As one of many protesters, I perceive that our actions, effectively meant to voice our considerations on essential points, adversely affected the each day lives of many in Milk River and Coutts. For this I’m sincerely sorry,” mentioned Gerhard (George) Janzen on the finish of the day, studying from a ready assertion.
“I acknowledge that in our protests, legal guidelines had been damaged. This was not in keeping with our intentions to advertise change by means of peaceable and lawful means.”
Janzen, Marco Van Huigenbos and a 3rd man — Alex Van Herk — had been discovered responsible final yr of mischief over $5,000 for his or her actions on the protest over COVID-19 measures and vaccine mandates.
The sentencing listening to went forward for Van Huigenbos and Janzen. Lawyer Michael Johnston instructed court docket that Van Herk had fired him, and a 30-day delay was granted for Van Herk to acquire new counsel.
The Crown instructed court docket that the 2 males have to do jail time to ship a message that actions have penalties.
Prosecutor Steven Johnston mentioned Van Huigenbos and Janzen put themselves entrance and centre on the unlawful blockade, which shut down the Canada-U.S. border at Coutts for 2 weeks.
Johnston really helpful Van Huigenbos be sentenced to 9 months and Janzen six months.
He instructed Justice Keith Yamauchi that Van Huigenbos was extra accountable, as he was in a management place.
“These two men are not at the same level,” Johnston instructed the primary day of the two-day listening to.
“It’s the Crown’s view that, realistically, essentially the most acceptable sentence for these gents is to condemn them to a time period of jail — actual jail.
“You can’t break the law and not expect to be punished for it.”
Brendan Miller, the lawyer representing Van Huigenbos, instructed court docket his shopper’s underlying motive was political advocacy and the need to be heard by the federal government.
He requested for an absolute or conditional discharge, a suspended sentence with probation or group service.
If the court docket decides jail time is warranted, Miller mentioned, then the sentence ought to be quick or a conditional sentence of 60 days to be served in the neighborhood.
“Mr. Van Huigenbos’s proper to equality earlier than the legislation might be violated if he isn’t put in the identical place of the a whole lot of … protesters that the RCMP didn’t cost and the Crown didn’t prosecute,” Miller mentioned.
“Why ought to this court docket ship these gents to jail and provides them a felony file when the police determined to not cost the 300 principal offenders. It isn’t truthful. It is unequal.”
He mentioned his shopper did not bodily take part within the blockade or instruct protesters. Van Huigenbos merely confirmed up and negotiated with the RCMP on behalf of the principle protesters, mentioned Miller.
The Crown mentioned it is an aggravating issue that the boys had been motivated by politics.
“Politically motivated crime at all times is a calculated resolution … we do not change our governments on this nation by means of felony acts,” Johnston mentioned.
“This was the hostage taking of a freeway with the objective of making political change.”
Alan Honner, who’s representing Janzen, mentioned he would additionally like his shopper to be given an absolute discharge, a tremendous or a suspended sentence, saying his shopper performed only a minor function on the blockade.
“It’s best to reject any submissions that Mr. Janzen ought to be incarcerated,” Honner mentioned.
The courtroom was packed Thursday, and a few dozen cops on bicycles had been outdoors.
Calgary pastor Artur Pawlowski, who was additionally convicted of mischief for a speech he gave to protesters at Coutts, mentioned he was praying that Van Huigenbos and Janzen would not undergo jail time.
Defence legal professionals did not name proof throughout the trial, and Van Huigenbos, Janzen and Van Herk did not testify.
Mounties instructed the jury that, because the protest dragged on, officers more and more turned to the three males to barter. The Crown argued the trio turned the faces of the blockade and spoke on behalf of protesters.
In a separate case, protesters Anthony Olienick and Chris Carbert had been charged with conspiracy to homicide cops on the blockade.
In September, a jury discovered them not responsible of that offence however convicted them of possessing a firearm harmful to the general public peace and mischief over $5,000. Olienick was additionally convicted of possessing a pipe bomb.
They had been every sentenced to six 1/2 years behind bars. Their mischief convictions netted concurrent phrases of six months.
Yamauchi mentioned he would ship his sentence Friday afternoon.
This report by The Canadian Press was first printed Jan. 9, 2025.
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