Jurors hear closing arguments in Coutts trial

Three men charged over border blockade

LETHBRIDGE, ALTA. • A Crown prosecutor making the case against three men charged with mischief at the border blockade at Coutts, Alta., told jurors Tuesday they don’t have to determine the accused were kingpins of the protest to find them guilty.

Steven Johnston said if jurors are satisfied the three were demonstrably supporting the blockade, they should be convicted of mischief over $5,000.

“The right to protest does not let you lay siege to property for two weeks. It was not their highway to close,” Johnston said.

“One act, one statement of encouragement can be enough to convict.

“The Crown does not have to prove these men were the leaders.”

Johnston made the comment in closing arguments at the trial of Alex Van Herk, Marco Van Huigenbos, and Gerhard Janzen in Lethbridge, Alta.

The Crown said evidence shows the accused were key players and became faces of the blockade that tied up traffic at the Canada-united States border crossing at Coutts for two weeks in early 2022 in a protest of COVID-19 rules and restrictions.

Johnston said the accused clearly supported the blockade. He told jurors the three spoke on behalf of protesters, and the evidence “should leave you with no doubt these men are guilty.”

THEY USE THE WORDS, ‘WE, OUR AND US.’

“They use the words, ‘We — the Coutts convoy,’ ” said Johnston.

“They are not some mere messengers. They use the words, ‘We, our and us.’ ”

Defence lawyers did not call any evidence during the trial, and the accused did not testify.

The prosecution called a handful of witnesses, including Mounties who were at the blockade.

Officers testified that as the protest dragged on, its leadership coalesced around the accused, and police increasingly turned to them to negotiate.

Sgt. Greg Tulloch told court he worked to establish a dialogue with the protesters and identified Van Huigenbos as the main contact.

During the cross-examination of Tulloch, a lawyer for Van Huigenbos questioned whether his client really was a leader or simply a conduit delivering messages to those in charge.

Tulloch maintained that he considered Van Huigenbos to be at the top of the inner circle of the protest, followed by Janzen and, to a lesser degree, Van Herk.