Alberta Court of Appeal Upholds Jail Sentence for Coutts Border Protester
The Alberta Court of Appeal has unanimously upheld the 120-day jail sentence for Marco Van Huigenbos, a key figure in the 2024 Coutts border blockade. Van Huigenbos now has one week to turn himself in to corrections officials at the Lethbridge Correctional Centre.
Appeal Arguments Rejected by Three-Judge Panel
In a written decision released Monday, a three-member appellate panel found that Justice Keith Yamauchi made no reviewable errors in sentencing Van Huigenbos for mischief during the international crossing blockade. Defence lawyer Brendan Miller presented three grounds for appeal, but the judges agreed with Crown prosecutor Andrew Barg that none demonstrated "a material error in principle or the sentence is demonstrably unfit."
Key Legal Issues in the Appeal
Property Value Determination: Miller's first argument centered on whether the trial judge should have determined if the mischief exceeded $5,000 in damage. Under the Criminal Code, mischief to property under $5,000 carries a maximum two-year sentence, while exceeding that amount can result in up to ten years imprisonment.
The appellate judges affirmed Yamauchi's position that property value is relevant only to sentencing, not guilt or innocence. "The sentencing judge was correct that the value of the property subject to the mischief is not an element of the offence of mischief," they wrote.
Parity Principle Concerns: Miller also argued that Van Huigenbos was treated unfairly compared to uncharged protesters who physically blocked the border. He contended this disparity should have been considered under the parity principle in sentencing.
The appeal court clarified that the parity principle applies only to different offenders charged with similar crimes, stating: "It does not require that convicted persons be treated in the same manner as persons who were not charged."
Sentence Appropriateness: Finally, Miller suggested the sentence was "demonstrably unfit" because many cited cases involved shorter jail terms or conditional sentences. The judges distinguished those cases from Van Huigenbos's situation, noting his leadership role in the prolonged protest against COVID-19 restrictions.
"Many of the cases referenced by the appellant involved guilty pleas and protests of a much shorter duration," the panel explained.
Background and Implications
Van Huigenbos was convicted for his role in the Coutts border blockade, which disrupted international traffic in January 2024 during protests against pandemic restrictions. He had been free on bail pending his appeal but must now serve his 120-day sentence.
The unanimous decision reinforces judicial authority in sentencing protest-related offenses and establishes precedent regarding how property value considerations apply in mischief cases. Legal observers note this ruling may influence future cases involving protest-related property damage and leadership accountability in organized demonstrations.
