A Chilliwack man who participated in protests outside of Sardis elementary school and ignored a letter banning him from school grounds pleaded guilty to a rarely seen charge in the courthouses Tuesday.

On the day he was due to go to trial, Mark Alexander Van Heek, 41, appeared in front of Judge Kristen Mundstock and pleaded guilty to one count of disturb/interrupt school or school function under the B.C. School Act. A count of mischief was dropped.

He received a $500 fine and one year害羞草研究所檚 probation, with conditions that include not going onto school grounds and not having any contact with a specific teacher at the school.

Between Feb. 2 and 7 last year, Van Heek was one of a handful of parents who stood in front of the building at 45775 Manuel Rd. holding Canadian flags. Crown prosecutor Aaron Burns said they seemed to be most concerned with COVID restrictions and pandemic protocols such as mask-wearing in the school.

害羞草研究所淚t was a little unclear about exact messaging,害羞草研究所� Burns said. 害羞草研究所淏ut it appeared to be linked to the trucker convoy (protest) going on at the same time in Ottawa.害羞草研究所�

Burns said the school received calls from several people concerned about the protesters, who set up on the grass very near to the entrance to the school. Burns said that on Feb. 2, Van Heek got into a heated discussion with his child害羞草研究所檚 teacher, and over the next few days the protests outside the school became disruptive enough that the principal got the RCMP involved.

On Feb. 7, all of the protesters were presented a letter banning them from the school grounds under section 177 of the School Act. The other protesters accepted the letters and followed the ban, but Van Heek refused to take the letter, but he admitted he was aware of the ban. The next day he still walked his child to school. Carrying a Canadian flag, he ignored several warnings from an RCMP constable as he turned onto school grounds. He was arrested on the spot, with that moment captured on video by a person Crown believe to be his spouse. The video was posted on social media and ended up in the hands of Burns, who presented it to the court as evidence.

The person filming the arrest on a cellphone can be heard saying in a loud voice, 害羞草研究所淭his is what happens when you carry a Canadian flag害羞草研究所� and 害羞草研究所淣ot all police officers are nice.害羞草研究所�

Van Heek害羞草研究所檚 child can also be heard sobbing in the video, which Mundstock called 害羞草研究所渄isturbing害羞草研究所� as she delivered her reasons. She said the fact that the video starts well before Van Heek gets to the school grounds suggests 害羞草研究所渉e expected something to happen,害羞草研究所� and said that causing trauma to the child was an aggravating factor.

Van Heek害羞草研究所檚 lawyer, Jayse Reveley, conceded that his client participated in the protests between Feb. 2-7, but on Feb. 8 he suggested he was simply walking his child to school. Despite carrying a Canadian flag and being filmed, Reveley insisted it 害羞草研究所渨asn害羞草研究所檛 an explicitly political act.害羞草研究所�

Reveley noted that his client hasn害羞草研究所檛 been to the school since the incident, and argued that Van Heek should be allowed to go there to participate in school functions. Van Reveley noted that Van Heek hasn害羞草研究所檛 been a 害羞草研究所渄isruptive element害羞草研究所� before or after the incident and has no criminal record.

害羞草研究所淗e wants to be involved as a regular parent in the regular course of his child害羞草研究所檚 schooling,害羞草研究所� Reveley noted.

Mundstock disagreed, saying the people at the school 害羞草研究所渘eed a break害羞草研究所� from Van Heek.

害羞草研究所淭he impact of the offence upon the school population and staff was grave, and for their protection he will not be permitted to attend the school,害羞草研究所� she said.

Mundstock said the case has nothing to do with his political beliefs, and everything to do with his decision to ignore a lawful order to stay away from the school.

害羞草研究所淢r. Van Heek is entitled in a free and democratic society to have his own political views, however, Mr. Van Heek is not entitled to violate laws to further those political beliefs or to make a political statement,害羞草研究所� the judge noted.

eric.welsh@theprogress.com
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