Kevin J. Johnston arrested in U.S. after failing to show up for jail sentences in Ontario and Alberta

Racist former Calgarymayoral candidate Kevin J. Johnston has been arrested in the U.S. after failing to show up to aToronto courthouse to begin serving an18-month jail term for violating an Ontario judge's hate speech order.

U.S. Customs and Border Protection told CBC News Johnston was arrested Tuesday for illegally entering the country on foot near Plentywood, Mont.,after border agents were requested tohelp to track down an individual lost nearthe Montana/North Dakota state line.

A personfound "wandering on foot" was later identified as Johnston"a Canadian fugitive wanted by the Royal Canadian Mounted Police," the agency said in a statement.

U.S. Customs and Border Protection would not say if Johnston was charged for illegally crossing the border, if he will be allowed back into the country. On Tuesday night, Johnston was being processed and turned over to the Canada Border Services Agency (CBSA), aU.S. border patrol spokesperson said.

The RCMP told CBC News that Johnston wastaken back into Canadian custody in Regway, Sask.,on Tuesday.

Calgary police say Johnston is expected to be returned to the city onFriday. It's unclear if any additional charges will be laid against him.

Johnston hoped to claim political asylum, lawyer says

In a statement shared by his lawyer Ian McCuaig on Wednesday, Johnston said he crossed the border hoping to claim political asylum "due to the treatment I haveexperienced over the last five years because of political persecution by the Canadian Government."

The statement notedthat duringthat period, Johnstonhad to appear in court 266 timesand that he served five months of prison time on account of what he said are his "conservative views."

Johnston was convicted in July of two counts of contempt after spending months inciting his followers to defy Alberta's public health measures, and received a 40-day intermittent sentence, which he was serving on weekends.

In May and June, Johnston spent the equivalent of seven weeks in jail for harassing and threatening an Alberta Health Services inspector as well as causinga disturbance at a downtownCalgary shopping mall when he berated shop staff who demanded he wear a mask.

Arrest warrant issued earlier

At the time of his arrest, Johnston waswanted in Ontario and Alberta afterfailing to show up for jail sentences in both provinces.

Most recently, hewas scheduled to be at the courthouse at 361 University Ave in Toronto at 10 a.m. Tuesdayto begin serving his 18-month sentence forviolating a court order to stop defaming restaurateur Mohamad Fakih recently named to the Order of Canadaafter repeatedly calling him a "terrorist" and "baby killer."

Fakihis a Lebanese-Canadianbusinessperson and philanthropist who ownsthe Paramount Fine Foods restaurant chain and known for his charitable acts such asdistributing thousands of free meals to frontline workers during the pandemic.

In sentencing Johnston in October, Ontario Superior Court Justice FredMyers said "if Johnston does not surrender himself at the time and place stipulated, a warrant for his arrest will issue."

A lawyer for Fakih told CBC Newsearlier on Tuesday that Johnston had failed to appear in court and that a warrant wasin effect for his arrest.

WATCH |Mohamad Fakih describes the honour of being appointed the Order of Canada:

Mohamad Fakih, chief executive officer of Paramount Fine Foods, awarded Order of Canada.

3 years ago

Duration 0:21

Mohamad Fakih describes the honour he felt being appointed to Order of Canada.

"It is clear that Mr. Johnston continues to hold himself above the rule of law even after being found in contempt and sentenced to a significant term of imprisonment for defying court orders," lawyer Niklas Holmbergsaid before the arrest.

Holmbergconfirmed the Ontario warrant wasissued at the same time as Johnston's sentence so that police could have the power to arrest and force compliance in the event Johnston didn't showup.

In his sentencing order, Myers said"Mr. Johnston's words are classic hate speech. They draw on tropes to assign negative characteristics based on ugly stereotypes,like branding Muslims as terrorists, forexample."

In 2019, an Ontario judge ruled in favour ofFakih,awarding him $2.5 million in alawsuitagainst Johnston for a series of defamatory videos and online posts made against him. The judge at the time saidJohnston's remarks were a "loathsome example of hate speech at its worst."

Johnston failed to complete Alberta jail term

Johnston was to begin his Ontario sentence after completing hisCalgary sentence, which he had been serving on weekends.

But last month, Johnston failed to show up for his final weekend in jail.

"The Calgary Police Service have made attempts to locate Johnston, however, he is currently being sought for failing to show up at the Calgary Remand Centre as part of his intermittent sentence," said a police spokesperson in a written statement.

A year ago, Johnston moved from Toronto to Calgary, where he ran as a fringe mayoral candidate and became a leader in the anti-mask, pandemic-denial movement.

Johnston is also facing an assault trial in B.C.