Two males who grew to become the faces of a protest at a key Alberta border crossing in 2022 must do jail time to ship a message that actions have penalties, a Crown prosecutor instructed courtroom Thursday.
Defence legal professionals for the boys argued that point behind bars is not crucial.
Marco Van Huigenbos, Gerhard (George) Janzen 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 courtroom that Van Herk had fired him, and a 30-day delay was granted for Van Herk to acquire new counsel.
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 guilty, as he was in a management place.
“These two males are usually not on the identical degree,” Johnston instructed courtroom on the primary day of the two-day sentencing listening to.
“It’s the Crown’s view that, realistically, essentially the most applicable sentence for these gents is to condemn them to a time period of jail — actual jail.
“You’ll be able to’t break the regulation and never anticipate to be punished for it.”
Brendan Miller, the lawyer representing Van Huigenbos, instructed courtroom his consumer’s underlying motive was political advocacy and the will to be heard by the federal government.
He requested for an absolute or conditional discharge, a suspended sentence with probation or neighborhood service.
If the courtroom decides jail time is warranted, Miller mentioned, then the sentence needs to be brief or a conditional sentence of 60 days to be served locally.
“Mr. Van Huigenbos’s proper to equality earlier than the regulation will likely be violated if he isn’t put in the identical place of the tons of of protesters that the RCMP didn’t cost and the Crown didn’t prosecute,” Miller mentioned.
He mentioned his consumer 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 primary 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 choice, 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 aim of making political change.”
The courtroom was packed Thursday, and a few dozen law enforcement officials 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 endure jail time.
Defence legal professionals did not name proof through the trial, and Van Huigenbos, Janzen and Van Herk did not testify.
On the trial, 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 grew to become the faces of the blockade and spoke on behalf of protesters.
There have been quite a lot of arrests tied to the border protest.
In a separate case, protesters Anthony Olienick and Chris Carbert had been charged with conspiracy to homicide law enforcement officials 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 6½ years behind bars. Their mischief convictions netted concurrent phrases of six months.
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