OTTAWA 鈥� Pat King, one of the most prominent figures of the 2022 "Freedom Convoy" in Ottawa, has been found guilty on five counts including mischief and disobeying a court order.
A judge in an Ottawa courtroom Friday said the Crown proved beyond a reasonable doubt that King was guilty on one count each of mischief, counselling others to commit mischief and counselling others to obstruct police. He was also found guilty of two counts of disobeying a court order.
The Alberta resident was found not guilty on three counts of intimidation and one count of obstructing police himself.
King could be facing up to 10 years in prison. The sentencing hearing is scheduled to begin on Jan. 16. The Crown is seeking "significant" incarceration time in a penitentiary while the defence wants King to be sentenced to time served and a period of probation.
King's attorney Natasha Calvinho said right now she is focused on the sentencing hearing and will determine if any other action, such as an appeal, will be pursued at a later date.
Calvinho said she and her client are disappointed with the ruling, but she said it was well reasoned.
"I think what the more important takeaway here, and what we've been saying from the very beginning, Mr. King was acquitted of all charges related to inciting any form of violence, specifically intimidation of Ottawa residents," Calvinho said outside the courthouse.
"So yes, he was convicted, a couple counts of mischief for his social media posts, as the judge found, and will continue to fight another day."
The maximum sentence for mischief in this instance is 10 years.
In January 2022 the convoy attracted thousands of demonstrators to Parliament Hill in protest against public-health restrictions, COVID-19 vaccine mandates and the federal government. The event gridlocked downtown streets around Parliament Hill, with area residents complaining about the fumes from diesel engines running non-stop, and unrelenting noise from constant honking of horns and music parties.
The federal Liberal government ultimately invoked the Emergencies Act to try and bring an end to the protests, which had expanded to also block several border crossings into the United States. Ottawa Police brought in hundreds of officers from police forces across Canada to force the protest to an end.
King's defence argued that King was peacefully protesting during the three-week demonstration and was not a leader of it.
But the Crown alleged he was a protest leader who was instrumental to the disruption the protest caused the city and people who lived and worked nearby. The Crown alleged King co-ordinated the honking, ordering protesters to lay on the horn every 30 minutes for 10 minutes at a time and told people to "hold the line" when he was aware police and the city had asked the protesters to leave.
The Crown's case relied mainly on King's own videos, which he posted to social media throughout the protest to document the demonstration and communicate with protesters.
The court proceedings paused for about 10 minutes when King requested a short "health break" after the first verdicts on the mischief charges were read.
Superior Court Justice Charles Hackland described the honking as "malicious conduct" intended to disrupt residents, workers, businesses and others from lawfully enjoying downtown Ottawa.
Hackland also said that the videos show King was seen as and accepted the leadership role. He pointed to a quote from King, finding it "hilarious" that residents could not sleep for 10 days as "gleefully" aiding and abetting mischief.
This evidence also played a role in determining King's guilt in disobeying a court order and counselling others to do the same. These charges relate to the original Feb. 7, 2022 injunction against using air and train horns in downtown Ottawa which was launched by residents. The city successfully filed a similar injunction days later.
As for counselling others to obstruct police, Hackland found King's call to "hold the line" was telling people not to move from the protest site despite police orders.
The judge said that phrase can be seen as a greeting between supporters of the convoy protest, but said there was no other logical interpretation in the context of King's videos.
In the days before a multi-day police removal operation began, King called on people to link arms and sit down with their backs to police if officers tried to move them.
On the intimidation charges, Hackland said that a consistent theme of King's videos were calls to remain peaceful and non-violent. He said that the target was always the federal government and COVID-19 policies, and specific individuals were not targeted by or through King's actions.
As for an intimidation charge related to blocking highways, Hackland said that finding guilt in this instance would be an "overly broad" interpretation of the Criminal Code as the blockade was done as part of a political protest, which is protected by the Charter of Rights and Freedoms.
His trial was heard over several weeks between May and July.
King still has charges of perjury and obstruction of justice that need to be dealt with which is a separate matter stemming from an April 2022 bail review hearing.
Details of the testimony that led to the charges are protected under a publication ban, which exists for all information that arises during a bail hearing.
This story by The 91原创 Press was first published Nov. 22, 2024.
David Baxter, The 91原创 Press
