One of the leaders of a movement protesting public health orders in British Columbia’s Okanagan region has been sentenced to 120 days of house arrest for assaulting two security guards and criminal contempt.
David Lindsay, who was convicted of two counts of assault in December 2023, was handed the sentence on Friday by Kelowna provincial court judge Cathaline Heinrichs.
Court heard Lindsay assaulted two security guards while trying to enter an Interior Health building in Kelowna during an August 2021 “Freedom Rally” demonstration.
Similar to other demonstrations across the country, weekly protests were held in downtown Kelowna that were mostly against public health orders related to the COVID-19 pandemic. They drew anywhere from dozens to several hundred people.
On the day of the incident, Lindsay had earlier indicated to the guards that 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 inside, court heard.
Lindsay represented himself during the trial. He presented two cellphone videos as evidence that showed the interactions between him and security guards who were blocking the building’s entrance.
In one video, Lindsay was heard telling the guards he has the right to access the building. He was then seen stepping forward and lightly pushing his chest into two of the guards blocking the doorway.
Contempt of court
When announcing the guilty verdict, Heinrichs told the court Lindsay’s behaviour had created a risk to the public interest and could have been a catalyst to more violent behaviour during the protest.
Heinrichs also found Lindsay in contempt of court for comments he made to the judge during a hearing in June.
The B.C. Prosecution Service said Lindsay was sentenced to 120 days of house arrest for each count of assault and 30 days for criminal contempt — all of which he will be able to serve at the same time — followed by a two-year probation order.
The court also imposed a three-year firearms prohibition and a victim fine surcharge of $100 on each count of assault.
Lindsay has filed an appeal and is applying for bail pending the appeal, according to the Kelowna Crown Counsel Office.
Lindsay has a long history of court dealings, making pseudo-legal arguments to challenge various aspects of tax legislation and the authority of the Canadian state and the courts.
Lindsay told CBC News last year that he participated in more than 350 court cases in several provinces.
He was declared a “vexatious litigant” — someone who repeatedly files unfounded legal actions for improper purposes — by B.C. Supreme Court in 2006 in relation to tax proceedings.