Jurors hear closing arguments in Coutts blockade trial for 3 men charged with mischief
Participated in protest against COVID rules that tied up U.S. border crossing
A Crown prosecutor making the case against three men charged with mischief at the Coutts, Alta., border blockade told jurors Tuesday they don't have to determine the accused were protest kingpins to find them guilty.
Lawyers for the defence, though, argue their clients were moderates who played a small role.
In closing arguments, prosecutor 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 told the jury.
"One act, one statement of encouragement can be enough to convict."
"The Crown does not have to prove these men were the leaders."
Alex Van Herk, Marco Van Huigenbos and Gerhard (George) Janzen are on trial in Court of King's Bench.
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 — the Coutts convoy,"' said Johnston.
"They are not some mere messengers. They use the words, `We, our and us."'
Demonstrators gather as a truck convoy blocks the highway at the busy U.S. border crossing in Coutts, Alta., on Jan. 31, 2022. (Jeff McIntosh/The Canadian Press via AP)
Defence lawyers did not call any evidence during the trial, and the accused did not testify.
However, in cross-examining witnesses, the defence argued the trio is not guilty because the demonstration involved numerous strong-willed protesters who didn't always publicly agree and sometimes went their separate ways.
Defence lawyer Ryan Durran told jurors his client, Van Huigenbos, was not a leader but was turned into a messenger by the RCMP.
"Marco becomes like a switchboard operator connecting calls," said Durran.
"Marco was there to convey a message. He stumbled into a role where he was a spokesman. Marco gave the RCMP the news of the day."
Durran said Van Huigenbos was part of a group that failed to end the blockade.
"So much for leadership. He didn't start it, he didn't control it and he didn't end it. But he carried the message."
Durran said the three accused cannot be blamed for the actions of "a horde of protesters."
'Great winter of political discontent'
Michael Johnston, who represents Van Herk, said the convoy was part of a "great winter of political discontent" where a mass of protesters with divergent views converged on the border.
"The jury will have to decide if Mr. Van Herk was merely at Coutts to communicate a message," he said.
Van Herk's lawyer said his client tried unsuccessfully on two occasions to convince the protesters to leave and was concerned about breaking federal laws.
"Not everyone at the protest is guilty of a crime," he said.
"He wasn't anyone of influence in anybody's mind."
Janzen's lawyer, Alan Honner, said there's little evidence his client started the protest. He said Janzen was always willing to help other protesters sort out their problems as well as work with the RCMP.
"This is the real George Janzen. He helps because that is who he is," said Honner.
"You don't see anything that could be construed as aiding unless it is helping the police."
Jury told: 'Use your good common sense'
Before jurors were to begin deliberations, Justice Keith Yamauchi said a mischief conviction can only be reached if there was an obstruction of property, the action was unlawful, the conduct was wilful and there was intent to commit a crime.
"Use your good common sense," the judge told the jury.
The Crown called a handful of witnesses during the trial, including Mounties who were at the scene and former Coutts mayor Jim Willett.
The officers testified that as the protest dragged on, leadership coalesced around the three accused, and RCMP increasingly turned to them to negotiate.
Sgt. Greg Tulloch told court last week that he worked to establish a dialogue with the protesters and identified Van Huigenbos as the main contact.
Tulloch said he considered Van Huigenbos to be at the centre of the inner circle of the protest, followed by Janzen and, to a lesser degree, Van Herk.
The defence pointed to a video from the protesters' gathering spot, Smuggler's Saloon, where Van Herk is heard asking for a vote to try to get everyone to leave, but is met with opposition.
"I don't care, let 'em come," says one man on the video.
"The only way I'm leaving is in a (police) cruiser," says another.
Willett was asked under cross-examination if there was any one group in charge at the protest.
"It was a bunch of people I didn't know, driving a bunch of vehicles, who were upset," he replied.
Trio found guilty of mischief for roles in 2022 Coutts border blockade
Jurors deliberated for three hours
Three men accused by the Crown of helping lead and coordinate the COVID-19 protest blockade at Coutts, Alta., in 2022 have been found guilty of mischief.
Jurors deliberated for three hours Tuesday night before finding Alex Van Herk, Marco Van Huigenbos, and Gerhard (George) Janzen guilty of one count each of mischief over $5,000.
Gasps of surprise were heard in a courtroom packed with supporters of the trio when the verdict was announced.
The three were on trial in Court of King's Bench for their roles in a blockade that tied up cross-border traffic between Canada and the United States at Coutts for two weeks in early 2022 in protest of COVID-19 rules and restrictions.
Court of King's Bench Justice Keith Yamauchi warned the packed courtroom before the six man, six woman jury came back with their verdict.
"While this court understands the vested interest of those assembled this court will not allow those interests to interfere with the jury rendering its verdict without interruption or interjection," he said.
"Anyone who cannot abide by or agree with that rule should now leave the courtroom."
The three men were comforted by about three dozen people outside the court.
Van Huigenbos and Janzen embraced.
"Let's hope they put us in the same spot," Van Huigenbos said.
Van Herk said he was initially optimistic due to the short time the jury deliberated.
"It was quite shocking right? And it's like wow. You get that pit in your stomach but you know what, I have no answer to that. The jury decided and I'll accept it," Van Herk said.
Van Herk said he's proud of participating in Coutts and holding politicians accountable.
Anti-COVID-19
vaccine mandate demonstrators gather as a truck convoy blocks the
highway at the busy U.S. border crossing in Coutts, Alberta, Canada,
Monday, Jan. 31, 2022. (Jeff McIntosh/The Canadian Press via AP)
"If that's what it takes, that we can show politicians what is right, and we'll do whatever sentence that is. I'd do it again tomorrow."
The maximum sentence for public mischief over $5,000 is 10 years in prison.
Van Huigenbos said he wasn't surprised at the jury's verdict.
"Honestly there's no surprise here for me. Based on the charge, based on the interpretation of the law. We're guilty," he told reporters.
"It was much more than just 18 days on a highway in the middle of nowhere. We shook and threatened the pinnacle of power in this province. Coutts was the flame that the grassroots rallied around and turned into a fire."
Neither Van Huigenbos nor Van Herk intend to appeal their convictions.
Jail time is a concern for Van Huigenbos.
"I'm human. I worry more about how it will affect my kids, my wife. It'll affect me less. They're the ones that will have to deal with this."
A pre-sentence report has been ordered for all three men. The case is scheduled to appear again July 22 before a sentencing hearing can be scheduled.
Earlier Tuesday, in closing arguments to the jury, Crown prosecutor Steven Johnston said jurors only needed to find the three were active participants in the blockade to return a guilty verdict.
"The right to protest does not let you lay siege to property for two weeks. It was not their highway to close," Johnston told the jury.
"One act, one statement of encouragement can be enough to convict.
"The Crown does not have to prove these men were the leaders."
The Crown said the evidence showed the accused were key players and became faces of the blockade and the three spoke on behalf of protesters.
"They are not some mere messengers. They use the words, `We, our and us"', Johnston said.
Defence lawyers didn't call evidence during the trial, and the accused did not testify.
However, in cross-examining witnesses, the defence argued the trio was not guilty because the demonstration involved numerous strong-willed protesters who didn't always publicly agree and sometimes went their separate ways.
In his closing argument, defence lawyer Ryan Durran told jurors his client, Van Huigenbos, was not a leader but was turned into a messenger by the RCMP.
"Marco becomes like a switchboard operator connecting calls," said Durran.
"Marco was there to convey a message. He stumbled into a role where he was a spokesman. Marco gave the RCMP the news of the day."
Lawyer Michael Johnston, representing Van Herk, said his client tried unsuccessfully on two occasions to convince the protesters to leave and was concerned about breaking federal laws.
"Not everyone at the protest is guilty of a crime," Johnston said.
"(Van Herk) wasn't anyone of influence in anybody's mind."
Janzen's lawyer, Alan Honner, said his client was always willing to help other protesters sort out their problems as well as work with the RCMP.
"This is the real George Janzen. He helps because that is who he is," said Honner.
During the trial officers testified that as the protest dragged on, leadership coalesced around the three accused, and RCMP increasingly turned to them to negotiate
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Deterrent sentence possible, expert says, after trio convicted in connection to Coutts border blockade
Three men who helped lead and co-ordinate the 2022 border blockade at Coutts, Alta., have been found guilty of public mischief.
A Lethbridge jury wasted no time delivering the verdict in front of a crowd of the men's supporters.
In 2022, during a protest over COVID restrictions, Gerhard (George) Janzen told CTV News cameras he was prepared to sacrifice a lot for the Coutts movement.
"I'm ready to go to jail for what's right. I'm ready for it," he said at the time.
Two years later and 100 kilometres down the road, jail time is a very real possibility.
Janzen, Alex Van Herk and Marco Van Huigenbos have been found guilty of mischief over $5,000.
Three hours is all it took for a jury to come to the decision, which was met with gasps of surprise by a courtroom full of protest supporters.
"I may be guilty, but I'm not gone," Van Huigenbos said.
"We were there to hold government accountable. The accountability fight goes on. It's never done."
Van Herk in a statement thanked the jury for fulfilling their oaths.
"We'll see how that plays out in terms of other cases down the road when people want to protest against certain government decisions," said Trevor Harrison, University of Lethbridge political scientist.
The maximum sentence for public mischief over $5,000 is 10 years in prison, and some predict a deterrent sentence could be handed down to send a message.
"Given that we're likely to see more protests in the future around other issues," Harrison said.
In its argument, the Crown claimed the evidence shows all three men were key players and became faces of the blockade.
A pre-sentence report has been ordered, and this case will appear again on July 22.
With files from The Canadian Press
'He was a messenger': Defence disputes accused was leader at Alberta border blockade
A lawyer for one of three men on trial for their roles in the border blockade at Coutts, Alta., argued Thursday his client was nothing more than a messenger.
Crown prosecutors have told jurors they intend to prove the trio spearheaded the protest that tied up traffic between at the Canada-United States border crossing for two weeks in early 2022 in protest of COVID-19 pandemic rules and restrictions.
Alex Van Herk, Marco Van Huigenbos and Gerhard Janzen have each pleaded not guilty to a charge of mischief over $5000.
RCMP Sgt. Greg Tulloch has testified he worked to establish a dialogue with the protesters and identified Van Huigenbos as the main contact.
During cross-examination, a lawyer for Van Huigenbos questioned whether his client really was a leader or if, like the officer, he was simply a conduit delivering messages to those in charge.
"Have you ever heard the phrase, 'Don't shoot the messenger?' I'm going to suggest that's really what Marco was here. He was a messenger, a communicator, a spokesperson for the group — not a leader," Ryan Durran told the jury trial.
Tulloch replied: "That's far too simplified from the impression I was left with. Because when things were happening, they happened immediately after Marco said he would do something or transmit a message.
"There was no lag time a lot of the time, whereas I would have that lag time before something could happen."
Durran said Van Huigenbos was not considered an "agitator" and did not have a semi-trailer truck parked at the protest.
He said his client and others wanted the protest to leave Coutts and move up to Edmonton. The attempt failed.
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.
The officer said Van Huigenbos appeared to be a leader, citing the accused's "ability to make things happen in the way that he did, the way he spoke about it and the way he told us what his role was … that, to me, does not signify messenger," Tulloch said.
"We continued to talk to him because he could make decisions, because he seemed to want to also deal with us."
Under further examination by the Crown, Tulloch said his job was to continue to communicate with the protesters, and finding a leader is the best way to go.
"The continuous meeting and speaking with other people was really just an opportunity to show us as being approachable and not the Gestapo we were being made out to be," said the officer , referring to police in Nazi Germany.
He said Van Huigenbos grew into the role of leader.
"I'm not sure that in the beginning that he orchestrated anything or that he caused all of this to start up," Tulloch said. "But certainly he assumed the role of leader when there was nobody else to do so."
This report by The Canadian Press was first published April 11, 2024.
Mountie testifies on conversations with accused at Coutts border blockade trial
An RCMP officer testified Tuesday that it was difficult to find anyone in charge in the early days of the COVID-era border blockade at Coutts, Alta., two years ago.
Sgt. Greg Tulloch was called as a witness at the trial of Alex Van Herk, Marco Van Huigenbos and Gerhard (George) Janzen.
The three men have pleaded not guilty to mischief over $5,000.
Crown prosecutors have told jurors they intend to prove the trio spearheaded the protest that tied up traffic between at the Canada-United States border for two weeks in a protest of COVID-19 rules and restrictions.
Tulloch testified he and his partner arrived Feb. 1, 2022, to spell off two other officers tasked with communicating with the protesters.
"Generally, the goal was to communicate that the highway needed to be reopened and what that would look like," Tulloch said.
He said he and another officer entered the Saloon, a meeting place where protesters were gathering, to introduce themselves and say a few words.
"I just went straight in to explaining why we're there and (that) the purpose of the meeting was to explain it was now time to make arrangements to clear up the highway," said Tulloch.
"There was one person who came to the front of the crowd and seemed to be speaking on behalf of the crowd. He had things to say. He had questions. I spoke to him and everybody else directly."
In a video of the encounter, Tulloch can be heard addressing the group of protesters.
"What are you going to do next? How long can you stay?" the officer asks on the video.
A man Tulloch identified as Janzen said they wouldn't be leaving.
"He appeared to be representing the group as a singular voice for the group," Tulloch testified.
Tulloch said he met Van Huigenbos and Van Herk a couple days later and that they seemed to emerge as leaders as well.
"I don't think they were on my radar prior to that. I didn't know who they were," Tulloch told the trial.
He said he was able to get impressions from the three men about how the blockade was going.
This report by The Canadian Press was first published on April 9, 2024.
Mischief trial begins for three men charged in Alberta COVID-19 border blockade
A Crown prosecutor said Wednesday that the trial for three men charged over their roles in an Alberta border blockade two years ago has nothing to do with their beliefs or right to protest.
Marco Van Huigenbos, Alex Van Herk and Gerhard Janzen have each pleaded not guilty to mischief over $5,000.
Prosecutor Steven Johnston told the jury in his opening statement that the three played a "key role" in blocking the highway at Canada-U.S. border at Coutts, Alta., in 2022.
The protest over COVID-19 pandemic health restrictions ground traffic to a halt at Alberta’s main border crossing with Montana.
"Many people were affected by COVID-19 and responses to it. This prosecution is not about that," Johnston said.
"This trial is not about people's personal feelings about COVID. This not a trial about the right to protest."
Johnston said a person cannot obstruct the use of a highway in order to achieve a goal.
"The Crown does not allege that these three men before you committed a single act of violence," he said.
"What the Crown alleges is that they, as part of a larger group, interfered with the use of a large highway in southern Alberta for approximately two weeks. Effectively, they had gained a control valve on Highway 4, the highway that belongs to the province."
The prosecutor said evidence will show the three men were leaders of the blockade and had final say over what happened. After 15 days, a video message the men posted online asking protesters to go home accomplished what Mounties could not.
"The protest ended shortly thereafter," Johnston said. "They were the group that had the ability to turn off and on the blockade."
Jim Willett, the former mayor of Coutts, was called as the first witness in the trial.
Willett said Coutts is the only 24-hour crossing to the U.S. from Alberta and a busy route for truckers and tourists.
"There's literally hundreds of millions of dollars of commerce that pass through every year," Willett said.
"This highway is a major commerce thoroughfare. If you shut that down, you shut down all the commerce."
Willett said he contacted police when he started seeing posts that a convoy was to coming through Coutts, a village of about 200.
"There could be a lot of strangers, lock your doors and keep your kids off the street," he said he told residents.
"At the start, it was a fairly rowdy situation and not a lot of strategy."
Willett said he was concerned about the convoy affecting residents' access to grocery stores and medical clinics outside Coutts, since the village doesn't have those services.
He said he met with one of the blockade organizers at Smugglers, a former bar used as a gathering point for the protesters.
Willett wanted to find out what their plan was and how long they would be in his community.
"There was little I could do. As a small town mayor, I don't have a lot of authority," he said.
Justice Keith Yamauchi told the jury that the accused are presumed innocent until proven guilty beyond a reasonable doubt.
"You are the judges of the facts … not lawyers, not investigators," Yamauchi said.
"It is important that you not form your opinions before you hear all the evidence."
The trial is scheduled to run until April 19.
This report by The Canadian Press was first published April 3, 2024
Three men found guilty of mischief for roles in Coutts border blockade
Alan Honner is a lawyer based in Toronto, Ontario. He represents clients in litigation, appeals and judicial reviews.
Alan has appeared as trial counsel in the Superior Court of Justice (Jury and Judge alone) and the Ontario Court of Justice. He has been counsel at the Ontario Court of Appeal, The Ontario Divisional Court and the Federal Court of Canada. He has also conducted hearings in various administrative tribunals including the Financial Services Commission of Ontario, the Landlord Tenant Board and the Criminal Injuries Compensation Board.
Alan is a graduate of Osgoode Hall Law School and the University of Waterloo. He is a former director at the Justice Centre for Constitutional Freedoms (2016-2022) and is a member of the Law Society of Ontario.
Alan Honner
Barrister & Solicitor
750 Scarlett Rd
Toronto, ON M9P 2V1
Appearances / Comparutions
Commission Co-lead Counsel
Ms. Shantona Chaudhury
416-364-8794
shantona@papechaudhury.com
Mr. Jeffrey Leon
416.777.7472
leonj@bennettjones.com
Commission Senior Counsel
Mr. Frank Au
416-326-4600
frank.au@ontario.ca
Ms. Erin Dann
416-868-1203
edann@edlaw.ca
Mr. Gabriel Poliquin
613-983-8062
gpoliquin@ovcounsel.com
Ms. Natalia Rodriguez
613.780.2013
nrodriguez@conwaylitigation.ca
Mr. Daniel Sheppard
416-979-6442
dsheppard@goldblattpartners.co
Mr. Rob Kittredge
416-625-2293
reception@RKIP.ca
Mr. Antoine D’Ailly
(519) 962-8682
Intake@ajdlaw.ca
Mr. Alan Honner
416 303 6487
alan@honnerlaw.ca
Mr. Dan Santoro
416 922-7272
Mr. Hatim Kheir
Mr. James Manson
Charges withdrawn against 'alleged leader' of Freedom Convoy blockade of the Ambassador Bridge
According to a news release from The Democracy Fund (TDF), charges have been dropped against William Laframboise.
“Mr. Laframboise has always maintained his innocence,” TDF lawyer Alan Honner said. “He insisted on his right to trial, and we believe he would have been acquitted had the charges not been dropped.”
Honner said the charges were withdrawn Wednesday by the crown attorney who told the court it was “not in the public interest to prosecute Laframboise given the evidentiary challenges of the crown’s case”
TDF also noted the charges were withdrawn because the court has other “serious matters that were vying for trial time in a backlogged court system.”
On Feb. 7, 2022, protestors with the Freedom Convoy blocked access to North America’s busiest border crossing.
They were protesting the Trudeau governments COVID-19 mandates, specifically those forcing transport truck drivers to be vaccinated in order to cross the border.
The bridge was closed to all traffic for one week, until Feb. 13, after police arrested 42 people, many of whom were charged with mischief.
According to Honner, Laframboise was identified by authorities as one of the organizers of the protest but he wasn’t arrested until six months after the protest ended.
“His arrest was the result of an ongoing police investigation which sought to identify an organizer of the protests,” according to TDF news release.
Laframboise is the last of TDF’s clients who were facing trial for their alleged roles in the protest.
Const. Michael Brisco has now asked the Ontario Divisional Court to review his penalty for giving $50 to the Ottawa protest in February 2022.
“We are hopeful that the Divisional Court will see that the entire conviction was unreasonable,” said lawyer Darren Leung in a news release from the Justice Centre for Constitutional Freedoms (JCCF). “The evidence used to convict Const. Brisco amounted to nothing more than opinions from people who did not like the message.”
Brisco was convicted in March 2023 of a single count of discreditable conduct under the Police Services Act.
The Hearing Adjudicator found Brisco knew or ought to have known that donating to a protest which his peers were actively working to contain, would harm the reputation of the Windsor Police Service.
Brisco however has maintained that his donation, made from a private account, while he was on unpaid leave from the service was a personal, political expression of support.
He also testified he did not support the Ambassador Bridge blockade which was happening at the same time as the protest in Ottawa.
Brisco’s donation in his mind, was going to support Ottawa, not Windsor.
The officer was however ordered to forfeit 80 hours of work as a penalty for the single conviction — essentially Brisco had to work for 80 hours and not get paid.
After the conviction, the JCCF picked up Brisco’s case and represented him in an appeal to the Ontario Civilian Police Commission (OCPC).
The appeal was dismissed in February 2024.
Now, the JCCF has asked the court “for a judicial review – a process by which courts make sure that the decisions of administrative bodies (e.g., the Windsor Police Service) are fair, reasonable, and lawful,” the news release stated.
The JCCF also takes issue with how the donation was discovered.
Brisco’s donation was only discovered after the online crowd-funding site was hacked and posted online.
The Ontario Provincial Police learned of the information and passed it along to the Professional Standards Branch of the Windsor Police Service.
CTV News has reached out to the Ministry of the Attorney General to learn if the request has been accepted.
Windsor police officer loses appeal of conviction and penalty for donating to the Freedom Convoy
Const. Michael Brisco will be forced to work 80 hours without pay after he was convicted of one count of discreditable conduct for donating $50 in February 2022.
Brisco appealed the Police Services Act conviction and penalty handed down in May 2023 by Superintendent (Retired) Morris Elbers.
During a one-day hearing in front of the Ontario Civilian Police Commission (OCPC), Brisco’s three lawyers made arguments similar to those during the initial hearing.
For the first time, however, Brisco argued an “abuse of process” because of how the donation was discovered by WPS in the first place.
Briscos’ donation, along with many others, was only discovered after hackers attacked an online crowd-funding site and posted the donor details online.
Lawyers argued using that illegally obtained information against an officer is a “grave error that calls the integrity of the entire police disciplinary system into question.”
“The Commission declines to consider this argument on the basis that it was not raised before the Hearing Officer,” the decision reads, noting they would only consider new arguments in “exceptional circumstances.”
The OCPC ruled against the three other arguments made by Brisco’s lawyers in upholding the Hearing Officers’ initial conviction and penalty.
According to the decision, it is not the role of the OCPC to “second-guess” Elbers’ decision but is to assess whether or not he “fairly and impartially” applied the “dispositional principles” to the case.
“We can only vary a penalty decision where there is a clear error in principle or relevant material facts are not considered,” the decision reads.
Through his Windsor lawyer, Brisco declined to comment.
Windsor officer penalized for $50 donation to Freedom Convoy movement
Windsor police Const. Michael Jason Brisco learned Thursday he must forfeit 80 hours as a penalty for being found guilty of one count of discreditable conduct under the Police Services Act (PSA).
“Constable Brisco betrayed the trust of his fellow officers, the community and the Windsor Police Service (WPS),” Adjudicator Morris Elbers wrote in his decision. “The donation which was made was in total opposition to the hardworking police officers from across the province who worked day and night to keep the peace in Ottawa and Windsor specifically and elsewhere in this country.”
During a seven-day hearing earlier this year, Brisco admitted to donating $50 through an online crowd-funding site on Feb. 8, 2022, two days after the Ottawa Police Service declared a state of emergency.
At the time, Brisco was off on unpaid leave of absence because he did not meet the requirements set out in the WPS COVID-19 vaccination policy.
“Those that chose not to be vaccinated were given direction. It was obvious by Constable Brisco’s actions he did not believe in this direction. This type of behavior displayed by Constable Brisco was deemed not tolerable by the Service,” Elbers wrote.
At a one-day penalty hearing, David Amyot, the lawyer for WPS requested a penalty of 140 hours.
“(Mr.) Amyot submitted that Brisco’s duty as a police officer superseded his belief in the Convoy.” Elbers summarized.
Defence lawyer Shane Miles requested 40 hours, noting Brisco - a 15-year veteran of the force - has no previous disciplinary actions on his WPS record, he took responsibility for his actions and offered more than a dozen letters of support from his peers.
“The officer (Const. Brisco) has learned a great deal and I am confident he will continue serving the people of City of Windsor in an acceptable if not an exemplary manner,” Elbers wrote in his decision while also saying “The overall purpose of the discipline process is to apply corrective measures to correct improper behaviour.”
Elbers decided Brisco must forfeit 80 hours to WPS.
“This means you will attend your office on either rest days or annual leave days and work the prescribed hours until eighty hours have been accomplished.” Elbers said. “The timeline to complete these hours will be issued by your Divisional Commander. I would recommend eight months to complete.”
“Clearly it's not what we had asked for in our sentence,” said Miles Thursday. “However, it is also not what Mr. Amyot asked for either.”
Miles declined to comment further until he and Const. Brisco have the opportunity to look closely through the “lengthy” penalty decision.
“We are keeping all of our options on the table,” Miles said when asked if they are considering an appeal. “We began this with an application that we were seeking Mr. Brisco to be seen as a civilian at the time in the first place.”
During the penalty hearing, Miles referenced a similar case within the Ottawa Police Service.
An OPS officer donated twice to the Freedom Convoy but pleaded guilty to the single charge of discreditable conduct, submitted an agreed statement of facts and was penalized with a forfeiture of 40 working hours.
Elbers ruled that was “not similar whatsoever” to the case against Brisco.
“As a police officer there comes a time when you must take the political issues out of your head when you are making decisions,” Elbers wrote. “You must obey the Policies, Procedures and Directives of the Police Service which is paying your salary.”
Elbers did however note the penalty against Brisco will “set a standard” for any other officers charged with similar offences under the PSA.
A second police officer, Brooke Fazekas, has also been charged with discreditable conduct but a date for a hearing has yet to be finalized.
“The public must be confident that the police will strive to set the example for those in the community. Anything short of this will be seen as a contradiction and serve no other purpose but to undermine the efforts of all serving officers and the explicit goals of the Windsor Police Service,” Elbers wrote.
WPS lawyer David Amyot declined to comment, but police issued a statement.
Statement from the Windsor Police Service: "We consider the matter involving Constable Michael Jason Brisco to be concluded. Constable Brisco remains a valued and productive member of the Windsor Police Service, and we continue to rely on his dedicated service to our community."
“Const. Brisco is an exemplary police officer with an unblemished record prior to this donation,” Windsor Police Association President Kent Rice told CTV News Thursday. “I believe and know that Const. Brisco will continue to be a devoted officer, serving the community of Windsor and Amherstburg.”
https://www.mctaguelaw.com/wp-content/uploads/2017/08/Amyot-David-Profile.pdf
David M. Amyot
In 2002, David Amyot joined the McTague Law Firm and seven years
later he became a partner of the firm. Mr. Amyot practices in the
Employment and Labour Law Department which is dedicated exclusively
to the representation of employers and management in labour and
employment law matters. He has assisted clients in responding to union
certification applications, collective bargaining, labour arbitration,
wrongful dismissal actions, human rights complaints, Ontario Labour
Relation Board matters and construction labour issues. Mr. Amyot
frequently acts as a Prosecutor for municipal police services regarding
police disciplinary matters under the Police Services Act. As well, he
provides employers day-to-day advice with respect to ongoing labour
and human resource matters.
E: damyot@mctaguelaw.com
O: 519-255-4315
C: 519-982-1289
F: 519-255-4360
A Windsor police officer was found guilty of discreditable conduct for his donation to the Freedom Convoy.
Const. Michael Brisco, 44, was convicted of the single count in a Police Services Act hearing Friday.
Brisco admitted to making a $50 online donation to support the protest in Ottawa which he believed was a “noble cause.”
'I thought I was laid off': Windsor officer returns to stand in his own defence
The discreditable conduct hearing continued Wednesday for a Windsor police officer who donated to the Freedom Convoy last year.
Const. Michael Brisco says when he made a $50 donation to the Freedom Convoy in Feb. 2022 he didn’t think he was ever going to return to active duty with the Windsor Police Service (WPS).
Brisco was put on an unpaid leave of absence in Nov. 2021 from the WPS because he did not want to get an mRNA COVID-19 vaccine.
Wednesday, he was being cross-examined by David Amyott, the lawyer for the WPS.
When he was put on leave, Brisco said he was able to keep his uniforms and badges, which he testified wasn’t a surprise.
“I think the service was hoping I’d cave in and get a vaccine,” Brisco told the hearing.
Amyott went through various emails, notices and policy directives, highlighting that at no time was Brisco told he could be or would be terminated for not having a COVID vaccine.
Brisco countered termination was “implied” because the WPS policy on vaccines “mirrored” that of the City of Windsor which did include a threat of termination.
“I thought I was laid off,” Brisco testified Wednesday.
Amyott noted at no time, in any communication between WPS and Brisco was he ever threatened with termination.
Amyott also noted the paperwork on his leave of absence also had language about when officers return to work.
The policy also stipulated that officers who were forced into an unpaid leave of absence would continue to be government by the Police Services Act.
Evidence was also heard Wednesday that Const. Brisco was demanding WPS guarantee him financial compensation and protection for himself and his family should he get an MRNA shot and suffer a “vaccine injury.”
Brisco also told the hearing adjudicator at no time did he request an exemption to the WPS vaccine policy for medical or religious reasons.
The evidence is now complete in the hearing. Closing statements are slated for Friday Feb. 24.
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Final Verdict w/ Donald Best
BAD NEWS: Jury convicts the Coutts Three
Apr 17, 2024Coutts Three found guilty of mischief over $5,000 by jury, maintain moral position of protest
Apr 17, 2024BAD NEWS: Jury convicts the Coutts Three
Marco Van Huigenbos, Alex Van Herk and George Janzen were convicted last night after the jury deliberated for several hours.
By Ezra Levant
April 17, 2024
News Analysis
I’m sorry to be the bearer of bad news: a Lethbridge jury has convicted the Coutts Three of mischief for their role in the border blockade in 2022.
Marco Van Huigenbos, Alex Van Herk and George Janzen were convicted last night after the jury deliberated for several hours.
The next step in the process will be sentencing — which will likely happen in July.
Obviously Rebel News will be there to cover that hearing, and The Democracy Fund will continue to crowdfund the lawyers. You can follow along and help out at www.CouttsThree.com.
There are three other major trucker-related court battles still ongoing:
- The so-called Coutts Four trial has begun for the two remaining men. Rebel News’s Robert Kraychik is in Lethbridge and now that the Coutts Three trial is over, he’ll report on that one. Rebel News has set up a special website to crowdfund for one of the men, at www.HelpChris.ca.
- Tamara Lich is still on trial in Ottawa, though the case is on a break. Robert has covered that trial since the beginning, and he’ll be back in Ottawa when it starts up again. We’re crowdfunding for Tamara’s lawyers at www.HelpTamara.com.
- Last year, Pastor Artur Pawlowski was convicted of mischief for giving a sermon to the Coutts protesters. We’re crowdfunding the appeal of that conviction, and that will be heard in Calgary in September. You can help crowdfund that battle at www.SaveArtur.com. I plan to attend that hearing personally to report on it.
I know that last night’s jury decision is demoralizing. And looking at the other battles I’ve just listed can seem overwhelming. But perhaps I can share with you some ways I’m thinking about all this:
- The Coutts protest was enormously successful. It resulted in the resignation of Alberta’s pro-lockdown premier and the rapid ending of vaccine mandates in the province.
- The trucker convoy to Ottawa marked the beginning of the end of Trudeau’s lockdowns, and activated hundreds of thousands of Canadians for freedom. It also led to the departure of the pro-lockdown leader of the Conservative Party.
- Each of the people on trial here isn’t just standing up for themselves, they are standing up for us, and for freedom. They’re the ones in jeopardy — all we have to do is help them.
- While last night’s jury result is disappointing, there have been important courtroom victories. For example, the Federal Court ruled that Trudeau’s invocation of the Emergencies Act was illegal and unconstitutional.
- These battles have created a generation of freedom activists, many of whom were never political before.
I can tell you from first-hand observation that the legal vendetta against the Coutts Three, Tamara Lich, Pastor Artur Pawlowski and others has awakened many Canadians to the dangers of authoritarianism. If anything, it’s turned these defendants into martyrs.
The legal battles have also created a whole new generation of freedom-oriented lawyers across the country — including the four lawyers we crowdfunded for this fight in Lethbridge.
Obviously I’m disappointed in last night’s result. But we’ll keep on fighting — Rebel News will continue to report on these important cases and we’ll keep crowdfunding to provide lawyers to brave Canadians standing up for freedom.
I hope you’ll help us.
If you want to help with the Coutts Three legal bills (including for the upcoming sentencing battle) please click here.
And if you want to help us continue to deploy a full-time court reporter covering these cases (that the mainstream media ignores) please click here.
Thanks for yours solidarity.
Thanks for your help.
157 Comments
From: Ezra Levant, Rebel News <info@rebelnews.com>
Date: Wed, Apr 17, 2024 at 12:14 PM
Subject: BAD NEWS: Jury convicts the Coutts Three
To: David Amos <David.Raymond.Amos333@gmail.com>
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