Two men who became the faces of a blockade at a key Alberta border crossing in 2022 need to do jail time to send a message that actions have consequences, a Crown prosecutor told court Thursday.
Defence lawyers for the men argued that time behind bars isnB次元官网网址檛 necessary.
Marco Van Huigenbos, Gerhard (George) Janzen and a third man B次元官网网址 Alex Van Herk B次元官网网址 were found guilty last year of mischief over $5,000 for their actions at the protest over COVID-19 measures and vaccine mandates.
The sentencing hearing went ahead for Van Huigenbos and Janzen. Lawyer Michael Johnston told court that Van Herk had fired him, and a 30-day delay was granted for Van Herk to obtain new counsel.
Prosecutor Steven Johnston said Van Huigenbos and Janzen put themselves front and centre at the illegal blockade, which shut down the Canada-U. S. border at Coutts for two weeks.
Johnston recommended Van Huigenbos be sentenced to nine months and Janzen six months.
He told Justice Keith Yamauchi that Van Huigenbos was more to blame, as he was in a leadership position.
B次元官网网址淭hese two men are not at the same level,B次元官网网址 Johnston told the first day of the two-day hearing.
B次元官网网址淚t is the CrownB次元官网网址檚 view that, realistically, the most appropriate sentence for these gentlemen is to sentence them to a term of jail B次元官网网址 real jail.
B次元官网网址淵ou canB次元官网网址檛 break the law and not expect to be punished for it.B次元官网网址
The lawyer representing Van Huigenbos, Brendan Miller, told court his clientB次元官网网址檚 underlying motive was political advocacy and the desire to be heard by the government.
He asked for an absolute or conditional discharge, a suspended sentence with probation or community service.
If the court decides jail time is warranted, Miller said, then the sentence should be short or a conditional sentence of 60 days to be served in the community.
B次元官网网址淢r. Van HuigenbosB次元官网网址 right to equality before the law will be violated if he is not put in the same position of the hundreds of B次元官网网址 protesters that the RCMP did not charge and the Crown did not prosecute,B次元官网网址 Miller said.
He said his client didnB次元官网网址檛 physically participate in the blockade or instruct protesters. Van Huigenbos simply showed up and negotiated with the RCMP on behalf of the main protesters, said Miller.
The Crown said itB次元官网网址檚 an aggravating factor that the men were motivated by politics.
B次元官网网址淧olitically motivated crime always is a calculated decision B次元官网网址 we donB次元官网网址檛 change our governments in this country through criminal acts,B次元官网网址 Johnston said.
B次元官网网址淭his was the hostage taking of a highway with the goal of creating political change.B次元官网网址
The courtroom was packed Thursday, and about a dozen police officers on bicycles were outside.
Calgary pastor Artur Pawlowski, who was also convicted of mischief for a speech he gave to protesters at Coutts, said he was praying that Van Huigenbos and Janzen wouldnB次元官网网址檛 suffer jail time.
Defence lawyers didnB次元官网网址檛 call evidence during the trial, and Van Huigenbos, Janzen and Van Herk didnB次元官网网址檛 testify.
Mounties told the jury that, as the protest dragged on, officers increasingly turned to the three men to negotiate. The Crown argued the trio became the faces of the blockade and spoke on behalf of protesters.
In a separate case, protesters Anthony Olienick and Chris Carbert were charged with conspiracy to murder police officers at the blockade.
In September, a jury found them not guilty of that offence but convicted them of possessing a firearm dangerous to the public peace and mischief over $5,000. Olienick was also convicted of possessing a pipe bomb.
They were each sentenced to 6 1/2 years behind bars. Their mischief convictions netted concurrent terms of six months.