One Alberta man gets jail, another community time for 2022 Coutts border protest

Marco Van Huigenbos, centre, waits in line as he arrives at court for a sentencing hearing in Lethbridge, Thursday, Jan. 9, 2025. Two men who became the faces of a COVID-19 protest blockade at a key border crossing between Alberta and the United States nearly three years ago will learn their fates Friday. THE CANADIAN PRESS/Jeff McIntosh

LETHBRIDGE -

One Alberta man has been sentenced to jail and another ordered to serve community time for their roles in the illegal Coutts border blockade in 2022.

Marco Van Huigenbos was sentenced to four months in jail Friday and Gerhard (George) Janzen received a three-month sentence, which is to be served in the community. Janzen was also ordered to complete 100 hours of community service by the end of his sentence.

Neither accused showed emotion and spectators packing the courtroom stayed silent as Justice Keith Yamauchi delivered the sentence in Lethbridge Court of King's Bench. He had ordered both men to leave the tables with their lawyers and sit inside the prisoner box. Both men surrendered their phones and wallets.

Yamauchi told the pair the illegal blockade affected the lives of many Canadians and said, "The sentence must make it clear that the majority of Canadians denounce their actions."

"The protesters and offenders thought they had a legitimate cause. They undertook the vigilante approach of taking over Highway 4 until their demands were met. This is a significant case of mischief and a period of incarceration is warranted," Yamauchi said.

As the two men left the courtroom, Van Huigenbos's lawyer handed over his client's phone and a single coin to a family member.

One person in the crowd said "Bye Marco." Another added "I love you Marco. God bless."

The judge said Janzen had expressed real remorse for his actions but Van Huigenbos had not.

The pair were convicted of mischief over $5,000 for their part in the blockade, which tied up cross-border traffic with the United States for two weeks to protest COVID-19 pandemic rules and vaccine mandates.

 A third man, Alex Van Herk, was to have been sentenced as well. However, Van Herk's lawyer told court Thursday he has been fired by the defendant. Van Herk was granted 30 days to find new legal representation.

During the original trial in April, Mounties testified that as the protest dragged on, officers increasingly turned to the three men to negotiate. The Crown argued the trio became the faces of the blockade and spoke on behalf of protesters.

On Thursday, Crown prosecutor Steven Johnston recommended Van Huigenbos be sentenced to nine months in jail and Janzen six months. Johnston said Van Huigenbos had a higher leadership profile and therefore should get more jail time.

Johnston told court it's about sending a broader message that actions have consequences.

"The most appropriate sentence for these gentlemen is to sentence them to a term of jail -- real jail," Johnston said. "You can't break the law and not expect to be punished for it."

Brendan Miller, the lawyer for Van Huigenbos, asked Yamauchi to grant an absolute or conditional discharge. Failing that, Miller asked for a suspended sentence or no more than two months of time served in the community.

Miller told court Van Huigenbos's underlying motive was political advocacy and the desire to be heard by the government. He said Van Huigenbos did not steer or incite the blockade and acted no differently than the hundreds of other protesters, but was unfairly singled out because he spoke to and became a liaison to police.

Alan Honner, representing Janzen, said he wanted his client to be given an absolute discharge, a fine or a suspended sentence, saying his client played a minor role.

Janzen apologized to the court Thursday.

"Our actions, well intended to voice our concerns on important issues, adversely affected the daily lives of many in Milk River and Coutts," he said.

"For this I am sincerely sorry.

"Laws were broken. This was not in line with our intentions to promote change through peaceful and lawful means."

The Crown said it's an aggravating factor that the men were motivated by politics. "Politically motivated crime always is a calculated decision .… We don't change our governments in this country through criminal acts," Johnston said.

"This was the hostage taking of a highway with the goal of creating political change."

The 2022 COVID protests sparked polarized debates across Canada on individual rights versus collective responsibility. That emotional debate has been reflected at the Coutts court hearings.

Outside of court, Honner said the outcome was positive.

"We're very pleased with the outcome in one way. We're pleased that Mr. Janzen avoided a sentence of actual imprisonment and we're happy he received a conditional sentence of a short duration," he said.

Miller said he was disappointed at the four-month sentence and so was his client.

"Of course he's disappointed. At the end of the day, it was always understood that jail was on the table," said Miller.

"The sentence is what the sentence is ... the remedy here is to go to the Court of Appeal if you don't like what happened and the court will consider whether to create a remedy."

On Friday, about 300 people lined up outside court to get one of the 90 seats available.

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This report by The Canadian Press was first published on Jan. 10, 2025.