One of the two men who faced a blockade at a key border crossing in 2022 presented a public apology on Thursday at the end of the sentence arguments.
“As one of the protesters, I perceive that our actions, well intentional to explain our considerations about vital questions, affected the life of many to Milk River and cost. That is why, I’m sorry honestly,” said Gerhard [George] Janzen to the end of the day, reading a statement ready.
“I acknowledge that during our protests, laws were broken. This was not in line with our intentions to promote change through peaceful and lawful means.”
Janzen, Marco Van Huigenbos and a third man — Alex Van Herk — were found guilty last year of mischief over $5,000 for their actions at the protest over COVID-19 measures and vaccine mandates.
The sentence hearing continued for Van Huigenbos and Janzen. The statement Michael Johnston told the Court that Van Herk had fired him, and Van Herk had received 30 days to obtain advice.
The Crown told the court that the two men had to make terms to send a message that the moves have consequences.
Prosecutor Steven Johnston said that Van Huigenbos and Janzen put themselves to the front and illegal block, which closed Canada-U. S. Border in Coutts for two weeks.
Johnston that Huigenbos will be sentenced to nine months and Janzen six months.
He told Pass to judge Keith Yamauchi that Huigenbos is more guilty because he in a control position.
“These two men are at the same level,” Johnston told the Court on the first day of the two -day sentence hearing.
“It is the view of the Crown that, genuineistically, the proper maximum sentence for those gentlemen is to sentence them to a criminal sentence, a genuine criminal.
“You can’t break the law and not expect to be punished for it. “
Brendan Miller, a lawyer representative Van Huigenbos, told the Court that the underlying explanation of his client why political defense and preference to be heard through 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.
“The right to equality of Mr. Van Huigenbos before the law is violated if it is put in the same position as the many protesters that the RCMP made invoices and the crown processed,” said Miller.
“Why deserve this court sends those gentlemen to twist and give them a record of twisting when the police don’t qualify the top three hundred offenders?It’s not alone. “
He said his client didn’t 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 it was an aggravating factor for men to be motivated through politics.
“Politically motivated crime is a calculated decision, we do not replace our governments in this country through crooked acts,” said Johnston.
“This was the hostage taking of a highway with the goal of creating political change.”
Alan Honner, who represents Janzen, said he would also like his consumer to have an absolute release, fine or suspended sentence, saying his consumer played a minor role in the blocking.
“You should reject any submissions that Mr. Janzen should be incarcerated,” Honner said.
The courtroom was moved on Thursday and a dozen bicycle police officers was 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 wouldn’t suffer jail time.
The defense lawyers did not call evidence of the trial, and Van Huigenbos, Janzen and Van Herk did not testify.
The gendarmes told the jury that, while the demonstration crawled, the police became increasingly more to the 3 men to negotiate. The crown argued that the trio has the faces of the blockade and spoke on behalf of the protesters.
There were a number of arrests tied to the border protest.
In a separate case, protesters Anthony Olinick and Chris Carbert were accused of conspiracy to kill police officers in 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 6½ years behind bars. Their mischief convictions netted concurrent terms of six months.
Yamauchi would rule his sentence on Friday afternoon.
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