A high-profile COVID-protocol protester from Kelowna, B.C., will spend 120 days under house arrest for an August 2021 assault on two health authority security guards.
David Lindsay was convicted last December of two counts of assault, in addition to one count of contempt of court, and Judge Cathaline Heinrichs imposed a jail sentence of 120 days for each assault. He was also sentenced to 30 days for contempt. All sentences will be served concurrently.
She said she chose a stiffer sentence than suggested by Lindsay, who had represented himself during the trial, due to the impact of the crime.
“Mr. Lindsay as a community leader, in that capacity, committed a violent act in the presence of his followers, against security officers whose role was to protect the peace and safety of clients accessing Interior Health,” Heinrichs said.
“This is not an event that can be discharged. A record must be created so that, in the future, Mr. Lindsay will be held appropriately accountable for his actions if they run contrary to the law.”
Get daily Okanagan news
Heinrichs said the sentence is also aimed at deterring Lindsay and others from committing a similar offence, especially in circumstances where large groups of people are gathered for a protest in “emotionally charged situations.”
Heinrichs said she also had concerns that Lindsay didn’t understand the gravity of his offence as he continues “to blame the victims and call them names.”
“Victim blaming counters any expression of remorse … and as a leader, Mr. Lindsay has an additional expectation of acting responsibly, as it is evident that the people who have written support letters on his behalf and participate in his rallies take their cues from him.”
Lindsay, throughout, has said that his actions were not violent – that was a concern to Heinrichs.
Notably, video footage from the incident did not show the type of physical altercation many would expect in an assault case.
With his arms across his chest and his head bowed Lindsay walked slowly past a security guard who had told him that he couldn’t pass. His torso and a security guard’s did touch in the incident.
“The force he applied was not a punch, a kick, a slap. He did not choke, push with his arms, gouge, scratch or spit. The assaults did not result in cuts, bruises, broken bones or the like,” she said.
However, thinking that his assault was not serious, showed Heinrichs that Lindsay lacked insight into what he did.
“The assaults are serious because of the intent, the circumstances in which they took place, and the role of the victims,” Heinrichs said.
Lindsay, beyond being a well-known protester of public health measures, has long been a member of the Freeman-on-the-Land movement.
Over the years, Lindsay has made false claims that people don’t need driving licences to drive cars and that paying taxes is optional.