A prosecutor stated on Wednesday that the trial for three men charged for their involvement in an Alberta border blockade two years ago is not related to their beliefs or right to protest.
Marco Van Huigenbos, Alex Van Herk and Gerhard Janzen have each entered a plea of not guilty to mischief over $5,000.
The protest against pandemic health restrictions caused traffic at Alberta’s main border crossing with Montana to stop for over two weeks in 2022. COVID-19 Crown prosecutor Steven Johnston emphasized that the trial is not about the impact of COVID-19 or the responses to it.
Johnston told the jury that obstructing a highway to achieve a goal is not acceptable. He added that the three men had a significant role in blocking the highway at Coutts, Alta., a village with a population of around 200.
“This trial is not about people’s personal feelings about COVID. This not a trial about the right to protest.”
The prosecutor clarified that the Crown does not accuse the three men of committing any acts of violence.
“The Crown’s claim is that they, as part of a larger group, interfered with the use of a major highway in southern Alberta for about two weeks. Essentially, they gained control over Highway 4, which is owned by the province.”
Johnston stated that the evidence will demonstrate that the three men were leaders of the protest and had the final say in what transpired. He mentioned that a single video message posted by the men online ended the protest after 15 days, achieving what the Mounties could not.
“The protest ended shortly thereafter,” he said.
Johnston confirmed that his first witness will be Jim Willett, the former mayor of Coutts.
“They were the group that had the ability to turn off and on the blockade.”
Before Johnston’s comments, Justice Keith Yamauchi spent 40 minutes instructing the jury and emphasized that the three men are considered innocent unless proven guilty beyond a reasonable doubt.
“You are the judges of the facts … not lawyers, not investigators,” Yamauchi said.
“You must determine if each of them is guilty or not guilty of the charge they are facing. It is important that you not form your opinions before you hear all the evidence.”
The trial is set to continue until April 19.
The protest over COVID-19 pandemic health restrictions caused traffic at Alberta’s main border crossing with Montana to stop for over two weeks in 2022.
