Kelowna 'Freedom Rally' organizer convicted of 2 counts of assault during 2021 protest - Action News
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British Columbia

Kelowna 'Freedom Rally' organizer convicted of 2 counts of assault during 2021 protest

A B.C. provincial court judge has determined one of the leaders of a movement protesting public health orders assaulted two security guards when he tried to enter an Interior Health building in Kelownaduring a August 2021 demonstration.

Judge found David Lindsay assaulted 2 security guards when he tried to enter Interior Health building

A photo of a middle-aged man holding a microphone and speaking to a rally of several dozen people at a public square in Kelowna, B.C.
David Lindsay was found guilty of assaulting two security guards during an August 2021 demonstration against public health orders outside an Interior Health building in downtown Kelowna, B.C. (Chris Walker/CBC)

A B.C. provincial court judge has determined one of the leaders of a movement protesting public health orders assaulted two security guards when he tried to enter an Interior Health building in Kelownaduring a August 2021 demonstration.

Judge Cathaline Heinrichsannounced the verdict at a hearing on Wednesday in a Kelownaprovincial courtroom after a trial that saw David Lindsay actas his own lawyer.

The "Freedom Rally" movement began in summer 2020, with weekly protests in downtown Kelowna, mostlyagainst public health orders related to the COVID-19 pandemic, drawing anywhere from dozens to several hundred people.

The incident that brought Lindsay to court happened during a weekday demonstration outside of the health authority's main administrative building on Doyle Avenue in Kelowna on Aug.19, 2021.

During the trial, Lindsaypresented two cellphone videos as evidence that showedthe interactionsbetween himandsecurity guards who were blocking the building's entrance.

A man in a suit jacket and pants carrying a briefcase is seen leaving the Kelowna courthouse with about 20-30 supporters following him.
David Lindsay leaves the Kelowna, B.C., courthouse with his supporters following the first day of his trial on Wednesday, March 1, 2023 (Brady Strachan / CBC)

The court heard that on the date of the incident Lindsay had earlier indicated to the guards he planned to enter the building despite being previously banned from the premises and instructed by RCMP officers that he would be arrested if he tried to go into the building.

In the video Lindsay is heard telling the guards he had the right to access the building before he steps forward and lightly pusheshis chest into two of the guards blocking the doorway.

Lindsay argued that not only had he not assaulted the guards, they had committed assault against him by pushing forward into his chestwhen he stepped forward.

When announcing the guilty verdict,Heinrichstold the court Lindsay's behaviour had created a risk to the public interest and could have been a catalyst to more violent behaviourduring the protest.

Heinrichs also found Lindsayin contempt of court for comments he made to the judge during a hearing in June.

Lindsay was presented with the option to purgethe contempt by providing a letter of apology to the court, according to the Crown.

Heinrichsdismissed twoapplications Lindsay brought forward during his trial a constitutional application challenging Canada's RCMP Act and an application to have Crown prosecutor David Grabavac foundin contempt of court for what Lindsay arguedwererepeatedliesandmisrepresentations.

Grabavactoldthe court the maximum sentence for assault is two years in prison and he intends to argue that a prison sentence iswarranted in thiscase.

Lindsay is no stranger to the courtroom. He told CBC News earlier this year that he's participated in more than 350 court cases in several provinces.

He has a long history of court dealings, making pseudo-legal arguments tochallenge various aspects of tax legislation and the authority of the Canadian state and the courts.