Trial begins for men charged over their roles in Coutts border blockade

The three-week trial began today for three men charged for their role in the Coutts border blockade, over pandemic health restrictions. Marco Van Huigenbos, Alex Van Herk and Gerhard Janzen are charged with mischief over $5,000. Jurors were picked on Tuesday after candidates were quizzed about their opinions about COVID-19 restrictions and the blockade that paralyzed a major Canada-U.S border crossing.

Wednesday morning, the trial was delayed due to concerns over jury selection. It was believed that one of the juror’s spouse was potentially involved in law enforcement at the time of the Coutts border blockade. The Crown and defense counsel deliberated over whether the member of the 14-person jury should be excluded.  The Crown argued the Criminal Code does not prevent partners of members of law enforcement to serve as jurors. During Tuesday‘s jury selection, a man who was selected as a jury member said he supported the cause but didn’t believe in the accused actions. And a woman was excluded when she was asked about her impartiality. She responded saying she would try, but may be a little biased. And a man whose grandfather died in a seniors’ home during the pandemic and another who said he felt strongly about the blockade, but didn’t specify why, were also excused. Following a private meeting with the juror in question, judge and counsel, the trial began with an eight-man, six-woman jury in attendance – 12 of whom will serve as jurors, and two alternates who will be excluded from final deliberations.

All of the accused have each pleaded not guilty to mischief over $5,000. Crown prosecutor Steven Johnston told the jury that this trial for the three men charged has nothing to do with their beliefs or right to protest. He said one cannot obstruct the use of a highway in order to achieve a goal, adding the three accused played a key role in blocking Highway 4 at Coutts. Prior to these comments, Justice Keith Yamauchi gave jurors their instructions and went over policies and procedures. He stressed to them that the three men are presumed innocent until proven guilty beyond a reasonable doubt. Shortly before adjourning for lunch, the Crown made opening statements, which included a list of witnesses that will testify, beginning with former Coutts mayor, Jim Willett. The trial is scheduled to run until April 19th.