Alberta’s top court has upheld the conviction of a Calgary pastor for his role in protests against COVID-19 public health measures that blocked Alberta’s main Canada-U.S. border crossing for more than two weeks.
Artur Pawlowski was convicted last year of mischief and breaching a release order for his role in the blockade at the Coutts border crossing in early 2022.
He was sentenced to 60 days in jail but given an equal amount of credit for time he had already served.
Crown prosecutors told Pawlowski’s trial that his impassioned speech to the truckers at Smugglers Saloon in February 2022 fanned the flames of unrest and convinced them to stay at the border crossing for another two weeks.
“I am satisfied Mr. Pawlowski intended to incite the audience to continue the blockade, intended to incite protesters to commit mischief,” Justice Gordon Krinke said as he delivered his verdict.
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Krinke said the speech to supporters came at a time when many were looking at leaving the border and protesting elsewhere when Pawlowski urged “sacrifice and heroism in support of a just cause.”
“Some of the protesters were thinking of leaving. He told the protesters the whole world was watching. He told the protesters not to break the line.”
The judge noted that Pawlowski was not involved in the planning of the so-called “Freedom Convoy” and didn’t play a major role with his appearance at the border blockade but was not remorseful for the harm he had caused.
Pawlowski appealed his mischief conviction, arguing that his speech didn’t amount to inciting or interference, that he didn’t attend the blockade to commit mischief, and he was exercising his right to freedom of expression.
The Alberta Court of Appeal dismissed his arguments.
“The appellant went to the place where…he knew that obstruction and interference with the lawful use of the highway was ongoing and spoke directly and specifically to the parties engaged in that obstruction and interference, telling them to continue doing what they were doing,” writes Justice Frans Slatter in the court’s ruling.
“We agree with the trial judge that there was no other logical inference than the appellant intended to incite the protesters to continue with the blockade of the highway.”
Three of the organizers of the blockade were also convicted of mischief over $5,000.
Alex Van Herk, Marco Van Huigenbos and Gerhard (George) Janzen were convicted by a jury in April and are scheduled to be sentenced in January.
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