Protester at Coutts border blockade gets 90-day community sentence

The last of three protesters convicted of mischief for his role in a border protest in southern Alberta has been given a 90-day conditional sentence to be served in the community.

Alex Van Herk will perform 100 hours of community service and be on one year's probation for his role in the Coutts blockade over COVID-19 rules that tied up traffic for days at the U.S. border in 2022.

Delivering the sentence Friday, Justice Keith Yamauchi said Van Herk was not one of the leaders of the blockade and is on his way to rehabilitation. The 55-year-old was one of three men found guilty of mischief for their roles in the blockade.

Van Herk, in a statement read by his lawyer, apologized to the court prior to sentencing.

"He expresses his sincere remorse for the inconvenience and for the disruption that was caused — disruption to the police and everyone who had to deal with it," defence lawyer Darren Mahoney said.

"He has learned through the course of this proceeding … that the actions that he did were wrong and it is not justifiable to break the law."

Crown prosecutor Steven Johnston had urged Yamauchi to impose a three- or four-month term in jail to send the message that political beliefs don't justify law-breaking.

"Mr. Van Herk is no sheep. He's a man who is not a follower," Johnston told court. "He's a leader. He's a strong-willed man."

Johnston said a pre-sentence report was largely positive but noted risks were identified with Van Herk's attitude and social influence.

"He feels pride. He feels he's a patriot. That's a common theme for people convicted of a political protest. He continues to believe he gets to pick which laws he obeys," Johnston said. "That's anarchy."

Johnston said Van Herk tried and failed to end the protest early and stayed until the end.

Mahoney urged Yamauchi to impose no jail time but rather a year's probation and community service.

"He's a good person who made a mistake. He'd never take an action like that again," Mahoney told court. "He's clearly learned from the experience. We can't punish him for thinking differently.

"They thought at the time they were doing the right thing on behalf of the community."

The two others convicted alongside Van Herk have already been sentenced.

Marco Van Huigenbos was handed four months in jail while Gerhard (George) Janzen received a three-month sentence and 100 hours of community service.