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害羞草研究所楴ot their highway to close害羞草研究所 trio guilty of mischief in Alberta blockade

Men express lack of surprise in the verdict, pride in actions taken in Coutts
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Alex Van Herk arrives at the courthouse in Lethbridge, Tuesday, April 16, 2024. Van Herk is one of three men accused of orchestrating the border shutdown at Coutts , Alta., in 2022. THE CANADIAN PRESS/Jeff McIntosh

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害羞草研究所檚 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害羞草研究所檚 Bench Justice Keith Yamauchi warned the packed courtroom before the six man, six woman jury came back with their verdict.

害羞草研究所淲hile 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,害羞草研究所 he said.

害羞草研究所淎nyone who cannot abide by or agree with that rule should now leave the courtroom.害羞草研究所

The three men were comforted by about three dozen people outside the court.

Van Huigenbos and Janzen embraced.

害羞草研究所淟et害羞草研究所檚 hope they put us in the same spot,害羞草研究所 Van Huigenbos said.

Van Herk said he was initially optimistic due to the short time the jury deliberated.

害羞草研究所淚t was quite shocking right? And it害羞草研究所檚 like wow. You get that pit in your stomach but you know what, I have no answer to that. The jury decided and I害羞草研究所檒l accept it,害羞草研究所 Van Herk said.

Van Herk said he害羞草研究所檚 proud of participating in Coutts and holding politicians accountable.

害羞草研究所淚f that害羞草研究所檚 what it takes, that we can show politicians what is right, and we害羞草研究所檒l do whatever sentence that is. I害羞草研究所檇 do it again tomorrow.害羞草研究所

The maximum sentence for public mischief over $5000 is 10 years in prison.

Van Huigenbos said he wasn害羞草研究所檛 surprised at the jury害羞草研究所檚 verdict.

害羞草研究所淗onestly there害羞草研究所檚 no surprise here for me. Based on the charge, based on the interpretation of the law. We害羞草研究所檙e guilty,害羞草研究所 he told reporters.

害羞草研究所淚t 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.害羞草研究所

Neither Van Huigenbos nor Van Herk intend to appeal their convictions.

Jail time is a concern for Van Huigenbos.

害羞草研究所淚害羞草研究所檓 human. I worry more about how it will affect my kids, my wife. It害羞草研究所檒l affect me less. They害羞草研究所檙e the ones that will have to deal with this.害羞草研究所

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.

害羞草研究所淭he right to protest does not let you lay siege to property for two weeks. It was not their highway to close,害羞草研究所 Johnston told the jury.

害羞草研究所淥ne act, one statement of encouragement can be enough to convict.

害羞草研究所淭he Crown does not have to prove these men were the leaders.害羞草研究所

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.

害羞草研究所淭hey are not some mere messengers. They use the words, 害羞草研究所榃e, our and us害羞草研究所櫤π卟菅芯克鶟, Johnston said.

Defence lawyers didn害羞草研究所檛 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害羞草研究所檛 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.

害羞草研究所淢arco becomes like a switchboard operator connecting calls,害羞草研究所 said Durran.

害羞草研究所淢arco 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.害羞草研究所

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.

害羞草研究所淣ot everyone at the protest is guilty of a crime,害羞草研究所 Johnston said.

害羞草研究所(Van Herk) wasn害羞草研究所檛 anyone of influence in anybody害羞草研究所檚 mind.害羞草研究所

Janzen害羞草研究所檚 lawyer, Alan Honner, said his client was always willing to help other protesters sort out their problems as well as work with the RCMP.

害羞草研究所淭his is the real George Janzen. He helps because that is who he is,害羞草研究所 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.





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