Three men, Alex Van Herk, Marco Van Huigenbos, and Gerhard (George) Janzen, accused of organizing the COVID-19 protest blockade at Coutts, Alta., in 2022 have been found guilty of mischief. The trio tied up cross-border traffic for two weeks in early 2022 in protest of COVID-19 rules and restrictions. Gasps of surprise were heard in the courtroom when the verdict was announced, and supporters of the men were present. Van Herk expressed pride in participating in the protest and holding politicians accountable, despite facing a maximum sentence of 10 years in prison for public mischief over $5000. Van Huigenbos and Janzen embraced outside the court, with Van Huigenbos expressing concern about potential jail time and its impact on his family. The three men did not intend to appeal their convictions, and a pre-sentence report has been ordered for all of them.
The Crown prosecutor argued in closing statements that the three accused were active participants in the blockade and did not need to be proven as leaders to return a guilty verdict. The defence did not call evidence during the trial, and the accused did not testify. Defence lawyers contended that the trio should not be found guilty as the protest involved numerous strong-willed protesters who did not always agree. Van Huigenbos’s lawyer described his client as a messenger who was turned into a spokesman by the RCMP, while Van Herk’s lawyer stated that his client had tried to convince protesters to leave on two occasions and was concerned about breaking federal laws. Janzen’s lawyer emphasized his client’s willingness to help other protesters and work with the RCMP.
The accused were comforted by supporters outside the court, with Van Huigenbos expressing lack of surprise at the jury’s verdict. He believed they were guilty based on the interpretation of the law and acknowledged the impact his possible jail time could have on his family. The trial revealed that as the protest continued, leadership coalesced around the accused men, and the RCMP increasingly turned to them to negotiate. Van Herk noted that the jury’s decision was shocking and expressed willingness to accept their verdict. He continued to emphasize his pride in participating in the protest and the importance of holding politicians accountable.
The three men did not intend to appeal their convictions and are scheduled to appear in court again for a sentencing hearing. While facing the possibility of jail time, Van Huigenbos expressed greater concern for his family’s well-being. Throughout the trial, the prosecution argued that the accused were key players in the protest and became the faces of the blockade. Defence lawyers maintained that the trio’s roles were not as leaders but as messengers and individuals trying to maintain order within the protest. The jury ultimately found Van Herk, Van Huigenbos, and Janzen guilty of one count each of mischief over $5,000. Despite the verdict, the accused men stood by their actions and expressed pride in participating in the protest at Coutts.
