The Coutts Three have often been confused with men labelled as the Coutts Four who were charged with the more serious crime of conspiring to murder RCMP officers. While all of these alleged offences were related to the disruption in Coutts at the time, there was no association between the two groups. Due to the glacial pace of Canada’s justice system, it can be easy for people to forget about the details of the event after 26 months.
The primary defence tactic for the three accused in court was that the border blockade was an organic and decentralized protest. The defence made the case that while the three men were visible characters in the protest, they weren’t leading or directing it. Anybody watching the protest unfold at the time could see it was hardly the action of well-refined, experienced protesters with a solid plan. Still, the jury in Lethbridge, Alberta, was convinced that the men played pivotal enough roles in the blockade to garner mischief convictions.
In the case of Tamara Lich and Chris Barber, their roles as leadership figures in the Ottawa protest were more clear and well-defined. Neither of them planned or expected to find themselves in the middle of such an event when things began, but they did settle into the role of representatives for the protest as it evolved. They took part in negotiations with the city and police, and spoke on behalf of the protesters. This presumably will make a conviction for mischief more likely considering the Coutts ruling.
Although a jury determined the guilt of the Coutts men, the sentence will be determined by Justice Keith Yamauchi and he has a lot to take into consideration.
While the maximum sentence could be 10 years of imprisonment, it could also be a suspended sentence with no actual time served. Or anything in between.
The risk for the men is that Justice Yamauchi may feel the need to make an example of them. He may impose a heavy sentence in hopes of deterring future protests. The defendants are politely unrepentant, with Huigenbos saying, “Based on the charge, based on the interpretation of the law, we’re guilty.”
The Coutts Three present no immediate threat to the public. They have no criminal history and aren’t violent. The only reason to incarcerate them would be to try to dissuade them or others from taking part in similar protests in the future. If quelling disruptive protests is so important that citizens taking part should receive extended prison sentences, why isn’t this applied to so many other protests where the law looks the other way?
Protesters were rarely arrested and seldom charged when they blocked railway crossings across the country in support of anti-pipeline activists in B.C. in 2020. Likewise, pro-Palestine demonstrators have constantly been given a pass when they have blocked highways and rail lines with their demonstrations.
If jail time for protesters is warranted for the Coutts men, it should be warranted for other protests. The equal application of the law is essential in a just society. If sanctions against some protesters are much tougher than against others, it will only enrage people and possibly lead to even more disruptive protests.
If jail time doesn’t work to dissuade illegal protests, there is little being accomplished in incarcerating the men from Coutts.
The conviction of the three men will surely influence the ruling in Ottawa with the Lich and Barber case. If Lich and Barber are found guilty, the precedent set through the sentencing of the Coutts men will likely impact the penalties applied to Lich and Barber. The small-town case in Southern Alberta could have national implications.
Canada has one of the most lenient justice systems on earth. Violent, repeat offenders are often given light sentences for serious crimes, much to the ire of citizens.
In the case of organizers involved in the Ottawa and Coutts protests, though, the state appears determined to apply the maximum penalties of the law upon them. It’s not feeling so much as if it is an act of justice on the part of the government as it is an act of vengeance.
The crime committed wasn’t so much that of blocking essential infrastructure as it was having embarrassed the government. Despite this, we should hope that our justice system will do the right thing.
