LETHBRIDGE, Alta. 鈥� A man who is "God fearing and attends church on Sundays" was the last of three protesters convicted of mischief to be sentenced for his role in the Canada-U.S. border blockade at Coutts, Alta.
On Friday, Alex Van Herk was handed a 90-day conditional sentence to be served in the community. He must also perform 100 hours of community service and be on probation for one year.
The protest over COVID-19 rules and vaccine mandates tied up traffic for several days at the border in 2022.
The two co-accused in the case were sentenced in January. Marco Van Huigenbos received four months in jail, while Gerhard (George) Janzen was given a three-month sentence in the community.
Court of King's Bench Justice Keith Yamauchi said Van Herk was not a leader of the protest and is on his way to rehabilitation.
"He is God fearing and attends church on Sunday," Yamauchi said in handing down the sentence.
"Mr. Van Herk's moral culpability differs slightly from that of Mr. Van Huigenbos and Mr. Janzen. This court found that Mr. Van Herk did not assume a leadership role and he did not aid the protesters."
Van Herk was cheered as he left the courthouse in Lethbridge, Alta.
As part of his sentence, he cannot have contact with the other two convicted protesters.
"We can move on. It was a long five years. COVID is what led everybody there and to have that behind you definitely feels good," Van Herk told reporters.
"I was at peace with it, whichever way it went."
Van Herk, a 55-year-old farmer, said there was no time to celebrate.
"We need to pick up parts ... we're busy. We're trying to get ready for seeding and farming so it's back to work ... back to the grind."
Van Herk earlier apologized in a statement read by his lawyer in court.
"He expresses his sincere remorse for the inconvenience and for the disruption that was caused 鈥� disruption to the police and everyone who had to deal with it," said Darren Mahoney.
"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 jail term 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."
He said Van Herk tried and failed to end the protest early and stayed until the end.
Mahoney urged Yamauchi not to impose jail but rather probation and community service.
"He's a good person who made a mistake. He'd never take an action like that again," Mahoney told the hearing. "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."
This report by The Canadian Press was first published March 7, 2025.
Bill Graveland, The Canadian Press
