Season Four w/ Jeremy MacKenzie
Welcome to a new episode of The Lavigne Show titled "Season Four” with special guest Jeremy MacKenzie.
In this episode, we're joined by Jeremy, dubbed "The most controversial, lied about, and banned man in Canada." Jeremy's story is a fascinating and complex one. He became a central figure of national attention and the target of the Canadian intelligence community, especially leading up to and after the invocation of the Emergencies Act on February 14, 2022.
Our conversation will delve into the depths of the #HateGate scandal and examine how a nation was captivated by the narrative surrounding Diagolon—a narrative many believed unquestioningly. We'll explore the mechanics of misinformation and how easily public perception can be swayed.
This episode isn't just a retrospective look at the events of 2023. We're also setting our sights on what's ahead in 2024. Are you a member of the Plaid Army? Do you fly the flag and seek camaraderie amongst like-minded individuals? This discussion is for you.
Join us as we dissect these critical issues with Jeremy, (and maybe Phillip) offering insights and stirring debate that promises to challenge your perspectives. If you haven't started raging yet, this might be the moment you do.
Gun charges against Diagolon leader Jeremy Mackenzie stayed in Sask.
Mackenzie continues to face legal issues in Nova Scotia
Saskatchewan-based weapons and assault charges against the leader of the controversial Diagolon movement have been stayed.
Last year Jeremy Mackenzie was charged with assault, pointing a firearm, use of a restricted weapon in a careless manner and mischief in connection with a 2021 incident near Viscount, Sask., a community approximately 75 kilometres southeast of Saskatoon.
He was arrested at his home in Cole Harbour, N.S., on a Canada-wide warrant before being released on bail in November 2022.
The Saskatchewan-based charges against Mackenzie were stayed in a hearing late last week.
In a statement provided to CBC News, Saskatchewan's Ministry of Justice said a prosecution can only proceed when there is a reasonable likelihood of conviction or when it is in the public interest to use the criminal justice system to address the matter.
A change to circumstances can require the prosecutor to re-assess that standard, the ministry said.
Crown attorneys believed the situation in this case changed to the extent it was no longer appropriate to prosecute the charges, the statement said.
Instead, the Crown believed a "just resolution" was to have Mackenzie sign a peace bond.
What is Diagolon?
Mackenzie is the leader of an online group known as Diagolon.
A House of Commons report from June 2022 identifies the organization as an ideologically motivated violent extremist organization.
"It's made up of former members of the Canadian Forces, individuals with real combat training, with real capabilities and who have grown increasingly radicalized, especially because of COVID," the report says, quoting Mubin Shaikh, a professor of public safety at Seneca College.
Shaikh is quoted as saying Diagolon is one of the groups that he considers to be "real and significant threat to Canadian public safety."
The report also notes a connection between Diagolon and extremists who were arrested at the Coutts, Alta., border crossing during convoy protests in February 2022.
Mackenzie and his followers have scoffed at the suggestion this group is some sort of American-style militia group, arguing they are simply trolling, or intentionally fooling, a gullible media.
Legal cases in Nova Scotia
Mackenzie continues to face legal issues in Nova Scotia.
The Nova Scotia Public Prosecution Service has confirmed that a charge for careless use of a firearm was dismissed on July 24, and Mackenzie was issued a common law peace bond, but he is still facing 12 firearm-related charges as part of a incident on Jan. 26, 2022, in Pictou, N.S.
That matters is scheduled for election or plea on Sept. 7 in Pictou Supreme Court.
Mackenzie is also facing four other charges in Nova Scotia, including mischief, criminal harassment and intimidation of a health professional.
Those charges stem from a March 2022 anti-mask protest at the home of Nova Scotia's Chief Medical Officer of Health Robert Strang.
Mackenzie and his co-accused in that case, Morgan May Guptil, are scheduled to return to Dartmouth Provincial Court on Oct. 3 for a status report in that case.
ABOUT THE AUTHOR
With files from Geoff Leo
4 men accused of conspiring to murder RCMP officers to be tried together: prosecutors
Chris Lysak, Chris Carbert, Anthony Olienick, Jerry Morin charged after Coutts protests
The four men accused of conspiring to murder RCMP officers at the Coutts border protests will be tried together, according to prosecutors who spoke at the court appearances Monday.
Chris Lysak, Chris Carbert, Anthony Olienick and Jerry Morin each face charges of conspiracy to murder, possession of a weapon and mischief.
On Monday, the four, as well as 10 others facing less serious charges, made brief appearances in Lethbridge court as defence lawyers and prosecutors move the cases forward.
Lysak 'waiting and waiting'
Prosecutors Aaron Rankin and Matt Dalidowicz indicated the Crown's intention is to run one trial for the four facing the conspiracy charges.
Dalidowicz said the Carbert, Olienick and Morin cases were "moving quickly," and the Crown expected to join the cases "in short order."
Because of that plan, Lysak was not allowed to book a trial despite his lawyer offering dates in January 2023.
Lysak remains in custody after he was denied bail in March.
"He's waiting and waiting," said lawyer Alias Saunders on behalf of Lysak's counsel, Jim Lutz.
"Mr. Lysak is detained and Mr. Lutz would like to set dates."
Defence lawyers for the 14 men and women facing charges related to the blockades indicated they are waiting for the prosecution to hand over the documents used to justify search warrants executed as part of the investigation.
Most of the accused will be back in court on May 16.
Carbert and Morin have set bail hearings that will take place in May and June with Olienick planning to set a date for his release application in the coming weeks.
Defence lawyers James Mcleod and Balfour Der told the judge on Monday that their client wants a preliminary hearing.
Alberta
RCMP submitted this photo of what they say is a cache of firearms and
ammunition found in three trailers near an ongoing blockade of the
Canada-U.S. border. (Submitted by Alberta RCMP)
In February, RCMP raided trailers near the Coutts border protest area. Those raids resulted in the seizure of a cache of weapons and body armour.
One of the arrests was tied to an incident where, according to Mounties, a protester accelerated at officers in a semi-truck as RCMP were conducting a check stop north of Milk River.
The driver swerved at the last moment, police said.
White supremacist group ties
CBC News has previously reported that Carbert and Lysak both have ties to a group with white supremacist beliefs.
Two Diagolon patches were found on body armour seized by police during the execution of the Coutts search warrants.
Diagolon has been described by University of New Brunswick professor David Hofmann as an American-style militia movement.
Members of Diagolon want to establish a white nationalist state through violence, according to Hofmann. Lysak appears in a photo with Jeremy MacKenzie, the founder of Diagolon.
Lysak also appears in a photo wearing a tank top with what appears to be the Diagolon symbol on the front.
CBC's Journalistic Standards and Practices
https://twitter.com/antihateca/status/1493727043392978947
https://rumble.com/v4578pu-canadian-republic-w-thomas-zaugg.html
Canadian Republic w/ Thomas Zaugg
Streamed on:
Jan 5, 8:01 am EST
Join us on The Lavigne Show for a thought-provoking episode titled "Canadian Republic” with guest Thomas Zaugg. We delve into a radical proposition by Thomas Zaugg for a new Republic in Canada. Known for stirring conversations and challenging the status quo, Zaugg presents a compelling vision of governance distinct from Canada's current democratic framework.
This episode explores the intriguing idea of transforming Canada into a Republic. We discuss the potential benefits, challenges, and the underlying philosophy of this change. Zaugg, hailed as a vocal and controversial figure, brings his unique insights and rationale behind advocating for a Republic in Canada.
Is a Republic the answer to Canada's current political and social challenges? What changes would this entail, and how could it reshape the Canadian identity? We tackle these questions and more, providing an in-depth analysis of this thought experiment that is gaining traction.
If you're fascinated by political theory or societal change or simply curious about the future of Canada's governance, this is an episode you cannot afford to miss.
Diagolon leader Jeremy MacKenzie switches lawyers; judge warns about breached court order
SASKATOON, Sask. — Jeremy MacKenzie, the self-identified leader of the online far-right group Diagolon, was back in Saskatoon provincial court on Thursday.
The Nova Scotia man, 36, appeared by phone from the facility where he is being held in custody pending a trial on charges of assault and various firearms offences stemming from an incident alleged to have occurred in rural Saskatchewan in November 2021.
Defence lawyer Dwayne Braun, who represented MacKenzie at a bail hearing last week, obtained Judge Morris Baniak’s permission to withdraw, saying his client had fired him. MacKenzie indicated he plans to retain an Ontario-based lawyer to represent him.
Crown prosecutor Dan Dahl told Baniak that audio recordings of MacKenzie’s Oct. 7 bail hearing were posted online, despite a standard court-ordered publication ban on the evidence presented at the hearing and the judge’s reasons for the bail decision. Baniak repeated a warning to people in the courtroom gallery not to record the proceedings.
Photography is forbidden in Saskatchewan courts, save for ceremonial or other special occasions. Audio recordings may only be made by media with accreditation from the provincial Ministry of Justice, to be used for ensuring accurate reporting, but not for broadcast.
Violating a publication ban is punishable as a summary offence, with a penalty of up to two years in jail and a $5,000 fine.
Dahl told Baniak that his office is investigating further to determine who posted the recordings.
MacKenzie has been in custody since Sept. 28, when he was arrested at a home in Cole Harbour, N.S., having been the subject of a Canada-wide warrant, and transported to Saskatoon to appear on his charges.
RCMP have said they got a report in March about an alleged assault in the Rural Municipality of Viscount in November 2021. In July, MacKenzie was charged with one count each of assault, pointing a firearm, using a restricted weapon in a careless manner and mischief.
An arrest warrant for MacKenzie, a former member of the Canadian military, was extended throughout Canada on Sept. 21.
He is also facing charges of harassment and intimidation stemming from a March anti-mask protest outside the home of Nova Scotia’s chief medical health officer, along with 13 firearm-related charges in Nova Scotia after a police search in January.
MacKenzie is due back in court later this month.
Copyright Postmedia Network Inc., 2022
Online threats lead to standoff with RCMP in Dinsmore
A 35-year-old man is undergoing a mental health assessment after a standoff with the RCMP in Dinsmore, Saskatchewan.
A man in Dinsmore who sparked a lengthy standoff with the Mounties after allegedly making threats and barricading himself inside a home with weapons had posted hours of video content online about conspiracy theories leading up to his arrest.
According to RCMP spokesman Rob King, the 35-year-old man was taken into custody early Thursday morning after what became an hours-long standoff. Police said the incident began around 4:15 p.m. Wednesday after officers responded to the home, about three hours northwest of Regina, due to reports that a man was making threats online.
King would not provide any further details on the nature of the threats.
At 9:22 p.m. Wednesday, police issued a release alerting the public of an increased police presence in the village. The RCMP’s Emergency Response Team (ERT) also responded to the scene. Police asked that residents avoid the scene, but said there was no threat to the surrounding area.
Police said the man was taken into custody around midnight, and that he had barricaded himself, with weapons, inside the home. King said police had to enter the home to arrest the man, as he would not come out on his own.
The man was then taken to hospital for treatment and a mental health assessment.
Police have not released his name. However, the Leader-Post has learned the man is Thomas Christian Zaugg, who is originally from Toronto. A notorious figure in Toronto, Zaugg was arrested and charged in 2019 with spray painting the cenotaph outside Old City Hall. He was released on bail and was ordered to undergo counselling. Zaugg later claimed he vandalized the cenotaph in response to Don Cherry being fired from CBC.
In a video that was live streamed on Wednesday, Zaugg can be seen inside a dark room. He references the fact that police are outside his home, and that he believes they are there to kill him.
“They’re intending on murdering me,” said Zaugg in the video.
Police can be heard on a loudspeaker attempting to speak with Zaugg. At one point a buzzing sound is heard, and Zaugg remarks that police are using a drone outside.
Zaugg had posted several hours worth of live-streamed videos in the past three days. Much of the videos involve him alone in front of a webcam speaking incoherently about a multitude of topics, such as the Canadian constitution and the military.
In another video taken on Thursday before his arrest, Zaugg exits his home and yells at two RCMP members at the end of a driveway.
“You are blindly following orders like Nazis, communists. All the things that you claim to stand against. You are a disgrace,” said Zaugg, who then asks police if they have ever heard of QAnon, in reference to the global conspiracy movement.
In other videos, Zaugg can be seen carrying what appears to be a rifle and a crossbow. He speaks of not going down without a fight, before trailing off.
On a Twitter account bearing Zaugg’s name, the last post at 9:28 p.m. Wednesday addresses the police presence outside his home. He also tagged U.S. President Donald Trump and wrote “SIR. I AM Q>I REQUIRE YOUR IMMEDIATE ATTENTION.”
In a tweet from Dec. 14, 2020, Zaugg wrote that he would favour the U.S. sending its army into Canada to liberate it from its “traitorous communist government.”
Kevin Metcalf is a Toronto resident who runs a Facebook page that monitors far-right movements in the city. Metcalf said Zaugg had been known for walking around Kensington Market dressed as a wizard while making anti-Semitic remarks. Metcalf said Zaugg has also been associated with an online organization called The Plaid Army.
“It’s like an ecosystem of far-right video bloggers who share each other’s content and support each other’s work. I understand there’s been some falling out between Thomas Zaugg and The Plaid Army in the last few days that may have precipitated this incident. That’s sort of what I’ve been researching,” said Metcalf.
As of Thursday afternoon, Zaugg was not yet facing any charges in connection with the incident, which is still under investigation by the RCMP.
Harvey Lonsberry, the mayor of Dinsmore, did not wish to identify the man arrested as Zaugg, but said the individual had been living there for only a few weeks. He described the village, which has a population of 290, as typically a very “sleepy community.”
“There was a large police presence so everybody was very curious about it,” said Lonsberry.
Public Images w/ Kevin J. Johnston
In today's digital age, how much does a public image, crafted by media narratives, truly impact one's life? Dive deep into an intense and revealing conversation with Kevin J. Johnston, the former mayoral candidate for Calgary. A man who has been at the center of media storms and has faced a significant blow to his reputation.
Key Insights:
- The true story of Kevin's mayoral run and his challenges.
- A close look at the "cancel culture" phenomenon and its implications.
- The media's role, including state-funded outlets like CBC, in branding Kevin as a racist.
- Exploring the consequences of digital defamation, especially when reintegrating into the job market.
- Addressing legal battles, personal struggles, and efforts to clear one's name in the era of instant information.
Who Should Watch This?
- Individuals concerned about media transparency.
- Those interested in understanding the impacts of "cancel culture."
- Citizens who value fair representation and justice.
Settle in for a candid chat as we discuss the balance between freedom of the press and personal dignity and the long-term implications of being caught in the crosshairs of a media narrative. It's more than just a headline; it's a life.
'Unrepentant' harasser Kevin J. Johnston ordered to pay $650,000 to AHS worker
Judge found that Johnston had defamed AHS inspector
For months, Johnston "spewed misinformation, conspiracy theories and hate" as he executed a "disturbing" and relentless campaign of defamation and harassment, wrote Court of King's Bench Justice Colin Feasby.
The main target of Johnston's harassment was AHS public health inspector Sarah Nunn.
Johnston's harassment became so intense, Calgary police advised Nunn that her children should not take public transit. He also posted photos of her family along with hateful comments.
'Mr. Johnston is unrepentant'
But in his 40-page decision, Feasby also issued a permanent injunction because he doesn't believe the financial penalty will dissuade Johnston from continuing his harassment.
"Mr. Johnston is unrepentant, and I have no confidence that the damages award will function as any sort of disincentive to him continuing to defame and harass Ms. Nunn," wrote Feasby.
"Accordingly, I conclude that a permanent injunction is a just and appropriate remedy that is required to prevent Mr. Johnston from continuing to defame and harass Ms. Nunn."
Johnston repeatedly called Nunn a "Nazi" and a "terrorist" in his posts and voiced his intent "to make this woman's life miserable."
"I intend to destroy this woman's life," said Johnston in one of his online rants.
"Mr. Johnston's statements could reasonably be interpreted as inciting his followers to violence against Ms. Nunn and her family," wrote the judge.
'Hate speech'
Feasby's decision is the latest in Johnston's years-long, cross-country involvement in criminal and civil courts.
In 2019, an Ontario judge issued an injunction against Johnston and ordered him to pay $2.5 million in damages to Toronto restaurateur and philanthropist Mohamad Fakih for what the judge described as "hate speech at its worst."
But Johnston's hateful, racist comments continued in a series of videos and posts, repeatedly calling Fakih a "terrorist" and "baby killer."
Johnston's breach of the injunction resulted in a contempt conviction and an 18-month jail sentence, but he has never returned to Ontario to serve his time behind bars.
'Dangerous and out of control'
Johnston moved from Ontario to Alberta in the fall of 2021 to run for mayor in Calgary.
Angry with public health measures, Johnston threatened to arm himself and show up at the doors of AHS employees during his campaign for mayor.
In the spring of 2021, Johnston spent the equivalent of seven weeks in jail for the crimes of harassing and threatening Nunn, plus causing a disturbance at a downtown Calgary shopping mall when he berated shop staff who demanded he wear a mask.
In July of that year, Johnston was convicted on two counts of contempt after spending months inciting his followers to defy Alberta's public health measures.
Fugitive on the run
At the time, the sentencing judge described Johnston's behaviour as "dangerous and out of control."
He received a 40-day sentence to be served on weekends but failed to show up for his final four-day stint in January.
Johnston was arrested in Montana on Jan. 4, 2022, after crossing the border on foot in what he described as an attempt at claiming political asylum.
At the time of his arrest, Johnston was wanted in Ontario and Alberta after failing to show up for jail sentences in both provinces.
ABOUT THE AUTHOR
CBC's Journalistic Standards and Practices
Kevin J. Johnston gets probation after pleading guilty to harassment, disturbance charges in Calgary
Kevin Johnston attending a rally outside GraceLife Church in Parkland County, near Edmonton, on April 11, 2021. Global News
Editor’s note: The headline has been corrected to show that Johnston will serve probation. We regret that error.
Controversial mayoral candidate and far-right social media personality Kevin J. Johnston pleaded guilty to a pair of recent criminal charges in a Calgary court Monday morning.
Johnston faced charges of harassing an Alberta Health Services employee and causing a disturbance at a downtown Calgary shopping centre.
“We were able to resolve them in a way that was fair,” Balfour Der, Johnston’s lawyer, told Global News.
“My client admits these offences were committed. In terms of that, he was probably over-enthusiastic in the message he was trying to send.”
On Monday, the court heard an impact statement from the AHS employee saying she was afraid for her and her children’s safety and didn’t feel safe leaving her home.
A joint submission from the Crown and defence agreed to have Johnston serve two concurrent nine-month probation periods — one in relation to the harassment charge and one for the disturbance charge.
Johnston is not to enter the CORE Shopping Centre as part of his probation terms. He’s also not allowed to be within 200 metres of the AHS employee or her family. Johnston was ordered not to post pictures or videos of her or any AHS employee.
He is also not to leave the province during his probation but was given an exemption to return to visit his family in Ontario for three weeks starting July 16.
On June 30, Calgary police said the harassment incident took place between April 24 and May 22 and included “threatening conduct directed at the victim in person, on social media and online.”
He was originally arrested on May 26 on a Criminal Code warrant for causing a disturbance and being part of an illegal gathering on May 22 at the CORE Shopping Centre.
At the time, police said Johnston entered stores without wearing a face mask — then a requirement under provincial and municipal mandates — and allegedly verbally abused employees who requested he don a mask. Johnston left the stores only to return with others joining in on the verbal harassment, police said.
Johnston has been in police custody since the May arrest, amounting to 48 days in custody.
“The amount of time that he was in custody — 48 days — is a long period of time, especially for these types of offences,” Der said. “Nevertheless, he was detained by two different judges.”
Johnston is due to be released from police custody later on Monday.
Der said Johnston faces one more set of criminal charges stemming from the Drumheller area, a matter that has been adjourned until September. Der said he hopes those are resolved in a similar matter.
AHS has filed a defamation lawsuit against Johnston, seeking $1.3 million in damages for allegations that have yet to be proven in court.
Calgary pastor and mayoral candidate released after alleged COVID-19 violations
Johnston was also charged with assault in Dawson Creek, B.C., on March 25. A trial date is set for Dec. 22.
In May 2019, Johnston was ordered by an Ontario judge to pay the owner of a prominent Middle Eastern restaurant chain $2.5 million after publicly accusing him of funding terrorism.
Alberta’s Local Authorities Election Act does not preclude anyone with a criminal record from running for municipal office. Convictions under election acts from the past decade or owing the city money would disqualify an individual from running.
– With files from Jessie Weisner, Global News and The Canadian Press
https://www.cjdctv.com/kevin-j-johnston-sentenced-for-assault-1.6065431
Kevin J. Johnston sentenced for assault
Published Monday, September 12, 2022 2:00PM PDTDAWSON CREEK, BC -- Controversial right-wing social media personality Kevin J. Johnston has been sentenced.
Johnston was charged with assault for a violent incident at the No Frills in Dawson Creek in March of last year.
He had previously been scheduled for a trial later this month. However, the defense and prosecution came to an agreement after Johnston admitted to the facts of the case.
Johnston was released on a recognizance of $1000. He will be liable for that money if he breaches any of his conditions. He is not permitted to go within 50 meters of No Frills, or to have any contact with the manager. His conditions also include general good behavior.
Former fugitive Kevin J. Johnston pleads guilty to fleeing to U.S. to avoid jail
He was arrested in Montana in January after fleeing Calgary to avoid his jail sentence
Disgraced Calgary mayoral candidate Kevin J. Johnston has pleaded guilty to fleeing the country when he was supposed to be serving a jail sentence.
Johnston was convicted of being unlawfully at large and was sentenced to time served, having spent 47 days on house arrest while on bail.
Before handing down that sentence, provincial court Judge Harry van Harten asked if Johnston would consent to a medical treatment order where he would receive a COVID vaccination and be required to disclose that fact to his followers.
After a brief chat with his client, defence lawyer Ian McCuaig said Johnston would not consent to such an order.
'Out of control'
Prosecutor Peter Mackenzie proposed Johnston spend 30 days in jail with no credit for the time spent on bail conditions but van Harten sided with McCuaig and released the former fugitive.
In January, Johnston was arrested trying to cross the Saskatchewan border on foot into Montana in temperatures that were potentially deadly.
He had skipped out on his final weekend in jail in Calgary.
That sentence was tied to two counts of contempt Johnston was found guilty on for what a Calgary judge described as "out of control" behaviour.
A leader in the pandemic-denying, anti-mask movement, Johnston incited followers to defy public health restrictions for months.
He was handed a 40-day jail term to be served on weekends, the last four days of which he failed to show up for before heading for the border.
18-month Ontario sentence
Johnston has had numerous interactions with the justice system over the past few years.
In September, Johnston pleaded guilty to a hate crime in Ontario for numerous anti-Muslim online posts in 2017.
Months earlier, Johnston pleaded guilty to criminal harassment for targeting an AHS employee who was tasked with enforcing public health measures. He posted photos of the woman and her family online and threatened to show up at her home.
The same month, Johnston was also convicted of causing a disturbance at the Core shopping centre when he became belligerent with employees after being asked to wear a mask.
At the time of his pleas, Johnston had served about 10 weeks in jail, and with enhanced credit, prosecutors proposed and the judge accepted a time-served sentence.
In October, Johnston was handed an 18-month sentence for a conviction of civil contempt handed down after he continued to post racist, hateful statements about a Muslim restaurant owner in Toronto.
Johnston never turned up to begin serving that sentence.
Racist Calgary mayoral candidate gets 18 months' jail time for violating Ontario judge's hate speech order
Calgary mayoral candidate to begin sentence in January when legally allowed to return to Ontario
Kevin J. Johnston has been sentenced to 18 months behind bars for publicly branding Mohamad Fakih a "terrorist" and a "baby killer" after being ordered to stop defaming the Paramount Fine Foods owner two years ago.
The sentence comes after Johnston was charged earlier this year with contempt for continuing to make racist, defamatory statements about Fakih, a Toronto restaurateur and philanthropist, despite an injunction by an Ontario judge in 2019 to stop.
At the time, Ontario Superior Court Justice Jane Ferguson ordered Johnston to pay $2.5 million for defamatory comments against Fakih in a series of videos and posts on his website starting in July 2017. Ferguson said in her ruling Johnston exhibited "hate speech at its worst, targeting people solely because of their religion."
Justice Fred Myers said Monday that Johnston was not being sentenced for his political views but for six separate acts of contempt against court. Myers sentenced Johnston to three consecutive months per act, to begin after he is legally allowed back in Ontario, starting Jan. 4, 2022.
"Mr. Johnston's words are classic hate speech," Myers said. "They draw on tropes to assign negative characteristics based on ugly stereotypes like branding Muslims as terrorists, for example."
"If Mr. Johnston does not see himself appealing to a very ugly and increasingly emboldened slice of society, he's the only one," Myers continued.
"He says that he's been painted as a bad person by the liberal media … If Mr. Johnston's portrait has been painted, he supplied the paint."
'Sit up and take notice'
In July, Johnston was convicted of two counts of contempt for inciting his followers to defy public health measures meant to slow the spread of COVID-19. He was sentenced to 40 days in jail to be served on weekends with an Alberta judge proposing a start date of Oct. 22, four days after Calgary's municipal election.
In Calgary, mayoral candidates who are convicted of crimes can still run for mayor as long as they don't owe the city money and haven't broken any election laws.
At the end of the first 15 months of his most recent sentence, Myers ordered that Johnston is to return to court so a judge can consider varying the sentence based on possible acts of contempt between now and then.
As part of his decision, Myers said he considered whether jail time might portray Johnston as a "martyr to the cause" in the eyes of his followers or play into Johnston's claims that he is being silenced for his views.
He said he also considered the impact of Johnston's actions on vulnerable and racialized people who might not have the resources available to Fakih.
"If the court is powerless to stop unrelenting, awful, racist attacks against a man like Mr. Fakih, how are the powerless to feel welcome or safe in Canada?" Myers asked during the online sentencing hearing.
"There is a need in this case for a sentence that makes the public sit up and take notice."
The sentence comes just weeks after Johnston, a Calgary mayoral candidate, also pleaded guilty to a hate crime in connection with anti-Muslim posts online.
The
sentence comes after Johnston was charged with contempt earlier this
year for continuing to make racist, defamatory statements about Toronto
restaurateur and philanthropist Mohamad Fakih, seen here in January
2020, despite an Ontario judge ordering him to stop. (Michael Wilson/CBC)
Fakih 'relieved' by sentence
In a statement to CBC News, one of Fakih's lawyers, Niklas Holmberg, called Myers's decision "an important affirmation of the rule of law in this country."
"It confirms that all Canadians can expect to be protected by the courts and that nobody is above the law."
Niklas also confirmed Johnston has not paid any part of the $2.5 million in damages owed to Fakih.
In his victim impact statement, Fakih wrote of Johnston, "I do not consider him a fool to be ignored … Canada is supposed to be a safe harbour against the torrents of hate that ravage other countries. I now question that."
On Monday, Fakih told CBC News the sentence left him feeling "relieved."
"It gives me optimism that our judicial system is taking hate in Canada seriously," he said.
"My own kids, like so many others, will wake up tomorrow knowing that they can expect justice to prevail in our country, no matter the colour of their skin or a different sounding name. So it's a good day for Canada."
With files from Meghan Grant
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