EZRA LEVANT ｜ The trial of the 'Coutts 3' starts with jury selection
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Summary
Day one of the trial of the so-called "Coutts Leadership Group" is finally underway, and it's a big one. Today's episode is from the courthouse in Alberta, Canada, where all the criminal charges that were laid at the Coutts Border protest are being heard.
Transcript
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Hello, my friends. Today's show is about the Coutts III trial finally underway.
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Leftbridge, Alberta, I've been here a dozen times because I come here for this courthouse.
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This is the nearest court to the Coutts border protest that happened two years ago.
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All the criminal charges that were laid at the Coutts border protest are being heard in this courthouse here.
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And as you can tell by the large gathering behind me, today is a big day.
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It's day one in the trial of the so-called Coutts III, or as the prosecutor calls them, the leadership group.
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I think there were the leaders, although it was a very grassroots, organic protest.
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Very different from the kind of left-wing professional protest that Canada is used to seeing.
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I find the one key difference between protesters who are freedom-oriented, protesters on the right, is they're more individualistic, of course, but they actually know why they're protesting.
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If you would have gone to the protest at Coutts, Alberta, or in Ottawa two years ago, or at the Ambassador Bridge between Windsor and Detroit, where there was another protest,
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and asked anyone there, why are you here, they would have talked your ear off about freedom and the illegitimacy of the various lockdowns and mandates.
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Contrast that to the kind of rent-to-mob protests you see on any given left-wing issue.
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You can go to a left-wing protest and say, why are you here?
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Honestly, they're either because they're actually being paid, or they're just called up.
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And they always direct you to an official's vote.
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And as you can see, the group behind me, very severely normal people.
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These are farmers and business owners and families.
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Everyone here is here because they believe in the freedom fight that they saw expressed in that border protest two years ago.
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Well, you might recall that rebel unions sent lawyers to be embedded with the protest from almost the beginning.
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We knew that things were going to be difficult because the police were trying all sorts of, in my opinion, unethical tricks.
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But also, we wanted to make sure that these unsophisticated protesters, let me put it that way, as in their first protest, that they didn't fall into any traps, that they weren't provoked, that they weren't.
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Because, of course, the protest, it was extremely cold out there.
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And a lot of the protesters would gather for warmth in the saloon, which is sort of like a bar, I guess, in the Star Wars movie.
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It's not just any manner of wretched folks who were there, including police and undercover police, trying to tempt, trick, or trap the men.
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And, indeed, that did happen in the case of the so-called Keats Forge.
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Today's the trial of the Coutts three, George Jansen, Marco van Heugenbos, and Alex van Heert.
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These are the three men who often re-aged with the police, who gave advice to the others.
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At least that's how it looks like on the inside.
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It will be interesting to see what position these men's lawyers take in court.
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Today is jury selection, which is a very exciting and important thing.
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But by selecting a jury, and these men have made this strategic calculation that they think they're more likely to get a sympathetic hearing by 12 of their neighbors than they are by a hand-appointed judge, most likely appointed by a liberal prime minister.
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But even if it was appointed by a conservative, judges come from a certain socioeconomic strata.
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They are, by definition, men and women of the establishment.
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We've seen in other lockdown or pandemic trials that the judges tend to believe, for example, the health industrial complex.
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They would never be skeptical of a Theresa Tam or another public health officer.
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By making the deliberate choice to entrust their safety, future, and liberty with their neighbors, they're saying, I trust the common sense of the common people more than I trust the wisdom of an elite judge.
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It makes me think, if you'll permit me a tangent, a couple of years ago, when a judge, and Adam, Adam Germain was his name, he was a liberal appointee, when he heard a case involving Arthur Pawlowski and Chris Scott, he said outrageous things like,
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We all know someone who died from COVID, and any time you speak contrary to the public health officials, you must read this self-denunciation that what you're saying is wrong.
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You had a 70-year-old liberal appointee who just wouldn't even accept that the establishment could be wrong, accepted that we all know that this pandemic is devastating and we must obey it.
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But just the mindset of a constituted, cocooned judge high on Mount Olympus, that's one end of the spectrum.
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But ordinary men and women in Lethbridge is the other end of the spectrum, and these defendants, in my view, are very wise for choosing that.
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So jury selection, remembering from my law school days, I've never participated in jury trial, even when I was a lawyer.
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For example, you can't be a lawyer on a jury and think, well, why wouldn't you want a lawyer on a jury?
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No, because other jurors would defer to that person too much or go, he's an expert.
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You wouldn't want someone who is blazingly partisan, who says, I know they're guilty, or I'll never convict.
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You wouldn't want someone with a hard heart like that.
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So there are questions that the prosecutors and the defense lawyers will have agreed on to vet jurors.
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But then, again, going from memory of law school from 30 years ago, you have what's called peremptory objections.
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You can say, I don't really like the cut of that person's chair, but I can't quite put my finger on it.
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But I get to play a certain number of these cards.
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So it's a fairly high-stakes business, jury selection.
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And it's going to be fascinating to see who each side objects to, etc.
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And once that jury is impaneled, well, then the business gets underway.
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You might know that I've been coming down here literally for two years to this courthouse.
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But most of what I've been covering over the last two years has been blanketed by a publication ban.
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We've heard fascinating things, troubling things, amazing things in this court.
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And the reason for that is they didn't want to taint the jury pool.
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They didn't want someone who's going to be impaneled on that 12-man jury to hear snips and shards and fragments of evidence before they get in that room.
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Because the evidence they might hear might be out of context.
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So the idea was any preliminary discussions would be only for the courtroom to know.
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But once the jury is impaneled and once the trial gets underway, whatever happens in that courtroom, well, the jurors will see it.
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Now, most of the dramatic stuff was in the other trial I mentioned briefly, the Coutts IV, the men who have been in custody these two years.
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But I think this trial, the greatest analogy for the trial that's starting today, is that of Tamara Leach.
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Mainly, Tamara Leach was held out as her and Chris Barber as the leadership team for the protests in Ottawa.
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Attempts to organize them were frustrated by the government.
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For example, the Ottawa convoy raised $10 million on GoFundMe.
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They raised another $12 million on Give, Send, Go.
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My point is, the trucker convoy was as grassroots as it gets.
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Sure, there were people who naturally emerged as moral leaders and made certain decisions and acted as spokesmen.
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These were ordinary Canadians coming together in the crisis in a like-minded thing.
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And it's going to be interesting to see what they can hang around the neck of these Coutts III and if that even amounts to a crime.
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Because these three men, and they've had the chance to meet them each, and of course, Rebel News is crowdfunding their legal defense along with the Democracy Fund.
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They engaged in some civil disobedience, perhaps.
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And it'll be interesting to see if the prosecutors can make the case that they had.
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I think that had there not been a political basis for the prosecution here, these three men would have had a half-day trial a year and a half ago, at most a slap on the wrist, what we call a conditional discharge or an absolute discharge.
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And the judge would say, now, don't you do that again.
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Mischief, of course, is the lowest level of crime in the criminal code.
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It's typically for vandalism or even, well, I mean, shoplifting has its own offense, but it is the lowest order of crime on the books.
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And I think that the reason they've been turning into these grand productions with a 12-man jury and years of prosecution is because these are actually political profiles.
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Tamara Leach has been put through a many-months-long criminal trial for mischief, which I learned from one of her lawyers, Keith Wilson, it is the longest mischief trial, not just in Canadian history, but in the history of the entire Commonwealth, the UK, Australia, New Zealand, etc.
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There has never been in the recorded history anyone who has been on trial longer for the petty charge of mischief than has Tamara Leach.
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Well, obviously, because they want to make the process the punishment.
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They want to get her in the process itself, even if they can't convince her.
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And I wonder if we'll see the same thing here in Alberta.
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Will this prosecutor's name is Stephen Johnston, and he is animated by a vendetta, as far as I can tell.
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He was the same prosecutor who went after Pastor Arthur Pavlovsky.
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He's the same prosecutor, if I'm not mistaken, that went after Chris Scott at the Whistle Stop Diamond in Redgit.
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He is a crusader on a political mission to punish the men who dared stand up to the establishment.
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It's going to be fascinating to see of 12 men and women on the jury agreed.
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I don't know if you can see, but there's a couple of cops on bicycle patrolling over there.
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But there's a police paddy wagon over there, one, two, three, four, five, six cops over there, another half dozen over them.
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What do they think is going to happen, these cops?
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Do they think these school-aged children and these grandmas are going to storm the bill?
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I mean, it's a political expression of policing itself.
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One of the things that's driven me crazy about Lethbridge, and this is why I love Lethbridge,
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it's that small-town values, and they're nice to the cops here.
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And I don't propose that anyone be mean to someone else, with no reason.
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But the embrace that the Coutts protesters and the Lethbridge community has had for police who came to bury them,
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it is—all I can say is I presume it's the Christian idea of turning the other cheek.
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Lethbridge, these police, not particularly these—not necessarily these individual officers,
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but Trudeau's RCMP was given a mandate, crush the political protesters who are embarrassing Trudeau.
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That's what caused the invocation of the emergency that—there was no crime emergency,
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there was no public safety emergency, there was no war, there was no insurrection,
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And shame on the RCMP and any other cop who participated in a show prosecution,
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I hope that the jury will put this prosecution in its place the same way a federal court judge Mosley did
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when he ruled that the invocation of the Emergencies Act was illegal and unconstitutional.
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It's exciting to be here after two years of waiting.
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It's a delight to see the community out in force.
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Rebel News is not only going to be covering this story daily,
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my colleague Robert Krejcik has done a great job covering Tamera Leach's trial.
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He has moved to Lethbridge for the duration of this trial.
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By the way, if you want to help chip in to his modest economy class expenses,
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you can do that on a website we set up called truckertrials.com.
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I'm excited that we're finally going to have our moment of justice.
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And I'm sure the three men who have had the stigma of these charges against them for years
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are looking forward to this process getting underway.
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I'm going to go into the courtroom where I will be live-tweeting the proceedings today,
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sitting next to my colleague Robert Krejcik, and he will be here for the duration.
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I'll come back to Lethbridge when I can make the time.
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And luckily, from a journalistic point of view, the publication bans are no longer relevant
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because they were in place to protect the jury pool from being tainted.
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So people who would serve on the jury would hear a snippet or a fragment of evidence
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and maybe make up their mind in advance in a prejudicial way.
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And it was a very interesting day for jury selection.
00:16:12.100
And he's a little bit country, a little bit rock and roll.
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He was the lawyer that Rebel News sent down to the Cooch blockade saloon.
00:16:20.900
He was there in real time giving advice to the truckers, talking to the police, trying
00:16:27.220
to lower the temperature, letting truckers know what to do if they were arrested, reminding
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Well, he's here at the court where he watched this first day with me.
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It's great to be back down in southern Alberta.
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I mean, lots of support for these guys, obviously.
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You know, the carbon tax protests happening yesterday.
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But this is one of the most crucial aspects of the criminal justice system.
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I was talking to some of the team back at our HQ about the drive down, and they were asking
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me if there was any more carbon tax protests on the streets.
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Not that I saw, but it was pretty exciting yesterday.
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That said, there were a ton of police out front here.
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I counted at least a dozen, and I just had to laugh, because the people who are here are
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friends and family of the accused, children, grandchildren.
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I mean, these aren't, you know, Antifa guys lighting stuff on fire, you know, throwing
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These are moms and dads that live in southern Alberta that are just, you know, wanting to
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support local people that contribute to the community, really.
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I mean, I don't know who makes the decision to deploy a dozen or more police, and there
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What, you're going to take away some grandmas in paddy wagons or something?
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Like, it wasn't just a bunch of, like, punk kids, right?
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It was sort of exciting to see people, it, I mean, I shouldn't say this, but I thought
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Come on now, and you came on down, and you went through the questions, and you, and would
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you be recused and excused, or would you be compelled?
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And some people sort of tried to get out of it and didn't succeed.
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Others sort of whispered something to the judge, and they were let go.
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Yeah, jury selection process, I mean, it's a little bit of a circus, right?
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Because you get such a smattering of eclectic and diverse people from around the community,
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and I think I said to you, when we were just standing outside the court, like, I looked
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around, and I thought, this really is Lethbridge.
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We had, you know, some old babes in there.
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Well, there was a kid there I would have thought he was in high school.
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I mean, I actually thought that this was the gallery, when I first walked in, I thought
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Like, I thought this was just the public watching.
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And obviously, when they were, you know, not letting anyone else in, but they let me in
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because I'm counsel, I thought, oh, wait a sec, this is actually the jury pool.
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So it's, yeah, what a crazy process this morning.
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The questions, I mean, now that the publication ban has been lifted, I mean, I can say that,
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you know, the, what they call challenge for cause.
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So these are the, this is the process where the court puts specific questions to a potential
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jurist to determine whether or not they've got a bias.
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And even if they have a bias, are they still able to deal with and discharge their duty fairly?
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This is, this is just a big group of group of people from Lethbridge.
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You got guys that clearly were just trying to get out of it, right?
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No excuse, but they're trying to get out of it.
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You got some poor dude whose final exams were tomorrow.
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And I mean, he went up and he just said, you know, it's, I'm in university.
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And of course he was, uh, uh, graciously immersively let go by the, uh, the court.
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But I remember we, we fought for weeks over what the questions would be.
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This was one of the fastest jury selections I've probably ever seen.
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And there were the 12 jurors and then two extras, I guess, in case someone God forbid
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gets sick or has to leave for whatever reason, that way they would still have 12 juries to
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And I mean, sometimes you see this, some people just don't have the constitution go three
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Or, um, you know, they're eating the government provided food that, you know, maybe doesn't
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Uh, usually, even if you get down below that, you know, that 12, they can usually keep going
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with, uh, I mean, they've got, you know, they, as long as council agree, maybe proceed with
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10, but you really do need a fairly large jury so that it's representative of the community
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at large and, uh, you know, a jury of your peers.
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So, uh, and I think, I think, uh, there's a chance we could have got that today.
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There's some jurors that I thought, you know, um, I kind of like them.
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Some jurors, I thought, eh, you know, they might not be, um, you know, super into what
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went down at Coots, but I mean, as well, if, if people can, and, and I think people take
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Like if they, they get a moment in the spotlight where now they're, they're the judge.
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This is what, this is the, really the cornerstone of justice, uh, in, in common law jurisdictions.
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You know, the last jury trial I sat through now that I think about it was more than 15
00:21:57.280
It was Conrad Black's trial in the South, Southern district of Illinois, Chicago.
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So you have this member of the house of Lords, this gazillionaire and who was the jury?
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It most definitely was not demographically, ethnically, economically.
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I walked into that room in Chicago and I thought he's done.
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In fact, the prosecution used like picture book images, uh, like big, big pictures, like
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Because if, I mean, the idea, I mean, I don't know how you have a trial by your peers.
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If you're a member of the house of Lords here, I absolutely felt it was, I, I, I looked at
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the 14 people chosen and they absolutely were Lethbridge, working class people, young people,
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You couldn't really tell who was what just by the look of them.
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But I have to say, if you're on trial for a political purpose, which is what these protests
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They weren't, they weren't a bank robbery dressed up as something.
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If you're having a political expression that is conservative and populist, do you want to
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throw your lot in with the elite establishment judge handpicked by a justice minister in Ottawa?
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Or would you rather have your fate to 12 regular folks?
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So it, it, it depends on the nature of the offense, right?
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If it's what they call a summary and offense, which is punishable by, and most a brief prison
00:23:38.280
So, and that's in provincial court and it's, it's, I mean, this is Alberta.
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This is cowboy court and they deal with a lot of really crazy stuff in provincial court.
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Uh, when you move up to big boy court and throw this one at the bench, um, and you've
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got, you know, I mean, mischief could potentially carry a penalty of up to 10 years in prison.
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Uh, I don't even frankly think they put rapists in prison for that long.
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Or, uh, uh, I mean, you know, drunk drivers that mow somebody down.
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I mean, you know, it's possible, but frankly, I think most of those sentences are much less
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You're afforded the opportunity to make a jury election.
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And that's what we did on day one is we wanted to make sure, and especially down here that
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they'd get a jury of their community members, not some jury from, uh, you know, metropolitan
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And that's where the prosecutor wanted to take this, didn't he?
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He wanted this as far away from the country mindset.
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If he had his way, he would have had this hurt in Montreal.
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And I mean, he raised the issue a number of times.
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So what the motivations were, I mean, I guess everyone can draw their own conclusions, but
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you know, there was alleged safety concerns, you know, and I knew it.
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I was going to mention that the reason the cops were out here is, is because you've got
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He's the one who prosecuted Arthur Pawlowski for giving a sermon.
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Then was he the prosecutor in Chris Scott and the Whistle Stop Cafe case?
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I mean, he, he is the, if I'm not mistaken, he's the director of specialized prosecutions
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So to go after Chris Scott, they brought in, uh, the best of the best.
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And I'm just so delighted Chris Scott showed courage.
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So really we didn't, we didn't quite start today.
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So, I mean, the, you know, I, I, I get, I guess the crown, they said, well, you know,
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And the opening address is really important because that's really your, uh, you know,
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your, your bluster and your passion and a real, you know, distilled essence of what
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What, what's really important is to have the defense be able to reply to that right away.
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So you don't, I don't think you necessarily want to have the crown finish the day with
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their opening statement and then let the jury go back tomorrow and have it, have it, why
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And I think the crown said they weren't ready with their witnesses either.
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So I think in fairness, both sides thought jury selection would take a little lump.
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But yeah, and, uh, and in most cases it does, right?
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Because I mean, I mean, in, in most cases you got a lot of people either getting out,
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people expressing bias, people saying, Hey, you know, well, I got, I have surgery next
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month or, uh, the process just usually takes a lot longer.
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The jurors were, uh, I mean, you know, they just, they, they gave the court the answers
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They said that they could, uh, you know, discharge their duty fairly and, and, and honestly.
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And, uh, and, and, and I feel like they might be able to, I got a pretty good vibe from most
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of the jurists, um, uh, you know, whether you agree with, uh, the coots blockade or, uh,
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I mean, uh, you know, uh, uh, uh, a true Canadian citizen should be able to discharge their duty,
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put all that aside, weigh the evidence on its merits, and then render a finding, uh, as
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And really what's interesting is normally in provincial court or where you guys just got a
00:27:04.860
case that's decided by a judge, he gets to rule on the facts and the law.
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So you got kind of one guy or gal doing everything and they're usually senior lawyers or kind of
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What's really neat when you have a jury, and this is just a century old tried and true
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You've got a jury of your peers giving a decision on the facts, and then you've got the, uh,
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the judge there to kind of play referee whenever there's legal, uh, legal issues that arise
00:27:32.440
and people want to, uh, get in dust-ups over that.
00:27:34.840
So it's, uh, it's nice to bifurcate those two important aspects of a criminal case.
00:27:40.560
And, uh, I think we're going to see that throughout this, uh, throughout this entire trial.
00:27:44.140
You know, the founder of the National Review magazine, I remember he once said he'd rather
00:27:48.820
have the country run by the first hundred names in the Boston phone directory than the,
00:27:54.780
And I thought there's some wisdom there because there is a common sense with the common people.
00:28:01.760
I am going back to our HQ tonight, but we have our reporter, Robert Krejcik, who's going to be
00:28:10.480
I'll try and come back if I can for some of it.
00:28:13.240
Robert's also going to cover the trial of the Coutts IV.
00:28:16.040
And when the trial of Tamara Leach re, uh, restarts, if it does, Robert will be there too.
00:28:23.920
And, and I just want to say, and this is for the viewers, because I mean, people, people
00:28:28.120
go, ah, you know, he's the rebel lawyer and all this sort of stuff.
00:28:30.540
But I actually started this whole journey as just a rebel viewer, a premium subscriber,
00:28:35.960
And, uh, I've been following, uh, Robert's work covering, uh, of course, the Tamara Leach
00:28:42.920
And I, I've actually told them this off camera, so we already know this is no surprise, but,
00:28:46.900
um, I am so impressed with, uh, his understanding of very, very common.
00:28:51.680
Complex, uh, legal issues and his, his ability to convey those in a meaningful, clear and
00:29:00.540
I really think that there's no one better suited, um, to be the boots on the ground here
00:29:05.380
to, uh, to really report on these very important trials.
00:29:10.300
I can tell you, I made friends around the courthouse and, uh, I told him he should move
00:29:14.520
And so we're always looking for cooler people, awesome people to move out here.
00:29:18.880
And so if I can convince them, um, I mean, there might not be any rebels left in Ontario.
00:29:23.780
You see that our last, our last Ottawa based reporter, William Diaz-Bertheon said he wanted
00:29:31.180
And I absolutely support that on a personal level, but he deprived us of our man on the
00:29:37.100
And of course, Robert should seek freedom, but it would also be a loss.
00:29:42.580
I mean, no one wants to work in Ottawa, it sounds like, you know, I mean, listen, it's
00:29:46.600
a, it's a good experience, but I, I understand.
00:29:49.620
Listen, um, thank you so much for watching this.
00:29:52.480
I want to conclude with the two ways you can get involved if you want to, um, as you
00:29:58.240
know, rebel news is doing the crowdfunding through the democracy fund for all three of
00:30:04.000
Uh, their names are Marco van Heugenbos, Alex van Heurk, and George Jansen.
00:30:08.260
I've had the chance to get to know all three of them.
00:30:10.600
In fact, Sidney Fezard did a beautiful biographical documentary of the men.
00:30:18.780
Uh, if you want to chip in to hire, to pay for their lawyers and their lawyers were very
00:30:25.340
And I think, I think we've got a legal dream team.
00:30:31.260
So if you go to coots3.com, you can make a contribution and you'll actually get a charitable
00:30:38.260
Now, also Robert Krejcik, as we've just discussed, we're talking about him.
00:30:45.220
Um, he flew in from Ottawa, flew to Calgary, drove down.
00:30:49.120
So he's staying here, economy class, uh, accommodations.
00:30:54.280
It's a, it's fairly cheap to, to be in Lethbridge.
00:30:57.260
It's not like New York city, but still it is going to ultimately cost us thousands of
00:31:01.920
dollars for the airfare, the automobile, the rent, the food to have a guy based out here
0.96
00:31:08.320
And if you think that's important journalism, because you don't trust the CBC state broadcaster,
00:31:13.920
please go to truckertrial.com truckertrial.com.
00:31:21.280
So there's two ways to help go to coots3.com to help cover the lawyers for the men or go
00:31:26.540
to truckertrial.com to cover Robert's expenses.
00:31:31.920
On behalf of all of us at rebel news to you at home, goodbye and keep fighting for freedom.