Coffee Beans (aka: Bad Choice Worse Choice)
Toby said “They won't serve me without a mask. They used to observe my doctor's exemption but now suddenly, they won't. So we're going over there to confront them and protest against their denying mask exemptions. It's in the damn Ministerial Health Order.” Apparently this protest had been advertised on FaceBook as: Coffee For Toby. He continued “I've been going to that coffee shop everyday for 10 years. It's in my neighborhood. It's where I always go for coffee and anyone who doesn't want to come and support me—FUCK 'EM!”
So many of us rode over on the bus to support him. When we got to the cafe I saw a lot of people standing around outside, but there were already a couple inside talking with the manager and some others in line. I decided to go in. I stood in the ordering cue with half a dozen other unmasked supporters. I ended up in the middle of the cue as others came in to join the line. The manager and all her staff wore their masks. The customers at the tables didn't. They we allowed to take them off to drink their coffee. Ridiculous this virus ritual, like it wouldn't go to their table, but you had to wear one to enter and order.
It seemed the manager wouldn't change her mind no matter what the 3 men who were arguing with her said. I could see this wasn't going to work, but decided I would wait my turn to order, show them my doctor's mask exemption and a copy of the Ministerial Order with the exemptions listed to see if I was allowed to get coffee without a mask. If not I would just go outside and protest with the others, but I never got the chance.
One of the men arguing, Jerry, jogged around the center of the cafe shaking his fist in the air and said “If you don't serve us today we'll come back every week until you do.” Another protestor, Khan, ran up to the manager and tried to show her the mask exemption notice from the BC Human Rights Commission saying you could claim an exemption without needing to show your doctor's note. She barely glanced at it. One customer, sitting at a table nearby, tried to calm the men down by saying “Hey guys, it's just a mask. No big deal.” I said to him “It's not just a mask, it's mass psychosis.” I think the manager looked over at me and, even though her face was covered by her mask, her eyes seemed to crinkled up like she was smiling. The same customer started to say something again, but the manager interrupted him and told him to stay out of it and not get involved.
Then the manager said if the 3 men arguing didn't leave she would call the police. They told her go ahead and call them. She did. Within minutes we saw a couple of patrol cars flashing blue lights coming over the rise and pulling up in front of the cafe. The other unmasked protest supporters in line made a break to run outside. I just stood there and thought Canada has gone off the deep end. Should I go outside or stay in? I thought since I hadn't been in the argument and was just standing in line I would stay inside. Then I thought what if I'm arrested too? Well this seems like where everything's going. So sooner or later it will probably happen. It may be today.
The cops entered the cafe, a sergeant and several other police officers all wearing masks, except one young officer who was maskless. They looked around not sure where the disturbance was. The manager signaled them to come over and told them these 3 men wouldn't wear a mask and wouldn't leave the cafe.
Then began an argument with the police. The leader, Toby, refused to leave and wouldn't give the police his name or ID. The sergeant began making the arrest saying you'll spend the night in jail. Soon Toby was handcuffed and led outside. Then came the next man, Jerry, he was handcuffed but tried to wriggle out of the cuffs to no avail. The sergeant said “Do not attempt to resist arrest!” Soon Jerry was taken outside and put in the paddy wagon along with Toby. Next came Douglas who was arrested as well and escorted out the door. Douglas turned to the others remaining and said “Fight the good fight.” Then he was gone to the paddy wagon.
While this was happening one of the protestors, Dick, who hadn't run out out of the cafe with the others when the police arrived was filming some of this action with his phone. Then he left.
There was only Toby's sister, Abbey, and myself left from the protestors. The cafe door opened and in walked the young officer who at first hadn't had a mask on, but now he wore one. He walked over to me and blurted out something. I didn't understand what he had said. I looked at him. The sergeant yelled in my ear. I think it was “Leave or be arrested.” It all happened in a matter of seconds. I was just about to ask the first officer what he had said. Then those very words tumbled out of my mouth. The sergeant yelled immediately “Arrest him!” My hands were cuffed. I hadn't moved from the very spot I'd been standing in since I took my place in the order cue. I asked Abbey if she would take my wet umbrella, which I still had in my right hand, and put it away in my pack. She did.
A woman protestor, Tina, from outside opened the cafe door and holding her cellphone high in the air trying to film asked “Are you arresting these men?” The sergeant told her to get out of the cafe or she would be arrested. She left. Then Toby's sister Abbey was told to leave or be arrested. Soon the door opened and the same woman who was trying to film inside asked again “Are these men being arrested?” The sergeant yelled “Arrest her!” A police officer just outside the door knocked her cellphone and hand bag out of her hands which spilled out on the cafe floor and restrained her in a hold. Tina looked at me with a wide eyed shocked expression.
Tina was told to sit at a table near me and wait. The police had run out of handcuffs so she was not cuffed. Abbey was on her way out of the cafe, but Tina asked her to pick up her things that were still on the floor. She did. The cops again told her to leave or be arrested. Abbey began walking toward the door but paused a moment to reinspect the floor for anything she might have missed. This pause was all it took for the sergeant to yell out “Arrest her!” Abbey was also told to sit at the table by me since there were no handcuffs left.
Soon the sergeant began reading Abbey her rights. “Do you understand you are being arrested for trespassing?” she answered “I don't understand.”
When the young officer began reading me my rights just seconds after Abbey had hers read. He asked the same question “Do you understand you are being arrested for trespassing?” I thought of Abbey's answer. It was exactly how I felt. So I replied “I don't understand.” To which the young officer made a sarcastic remark, “Well you understand there's words coming out of my mouth.” His hands were shaking as he was writing pen notes on his paper pad. He was trembling so much I wondered how he would be able to read his handwriting later. He put on black vinyl gloves and went through my pockets and put everything on a counter top nearby. I asked him if he would loosen the handcuffs because they were very tight and starting to cut off my circulation. He did. Going through my wallet he found my driver's license and recorded the information. A quarter had fallen on the floor from my pocket. I mentioned it. He picked it up and put it on the counter as well. He asked what was in my pack I told him “Some reading material and my dinner.” He searched my pack and found what I had described. Then he took my photo with his phone. He'd calmed down now. I think he realized I wasn't giving him a hard time. I was just standing there.
The customer who tried to cool the 3 men down during the argument looked over at me and said “I told you.”
I mentioned to the young officer I had a mask exemption from my doctor in my pack and what pocket to look in. He pulled it out and checked it over. Then he went up to the sergeant and told him this. The sergeant replied “It doesn't matter, it's trespassing.”
The sergeant began writing up court appearance notices for all 6 arrests. We were a group arrest with the same police citation number. Another young police officer was assigned to watch me. He stood by me and we had a conversation. He asked what brought us here and I told him that our group, No New Normal, came in support of the mask exemptions in the Ministerial Order that the cafe manager was not observing. We had just been rallying at Vancouver City Hall where we meet every Wednesday. I also told him when I was young I used to work for the police and I understood he was just doing his job. He suggested I could look for a job with the police. I smiled and told him I was a little too old to consider that career option now. Then I asked him “Don't you think Canada has gone completely crazy since Covid started?” He said he could not comment on anything political. Then a moment later he looked at me and said “Yes.”
Soon I was told they would uncuff me. They weren't going to take me to jail, but release me with the court appearance notice since I and the 2 women weren't making a lot of noise like the others. The officer who had been guarding me said to hold still while he removed my handcuffs. He took off the 2 pair handcuffs, which he explained were for my comfort. My hands fell a down by my sides and he immediately said “Don't move.” So I returned my hands to the cuffed position. As the sergeant was writing up my court appearance notice I asked the how much was the fine and he replied “The judge will decide.” I then asked about legal aid, he acted irritated, but scrawled their telephone number on my appearance notice.
When I walked outside one of the protestors who had run out of the cafe when the police arrived, Bill, said to me “Thank you for standing up for out rights.” I just looked at him. I really didn't know what to say. I asked Abbey where my umbrella was, she said “I put it in your pack.” Sure enough it was there. I had forgotten in the excitement and I thanked her for her help.
I walked back to the transit station and rode the train home. During the trip back I ate my dinner in its plastic container. I started to digest not only the food, but what had happened at the cafe with the police. Since I'd never been arrested before this was going to be a new experience.
The police paddy wagon dropped off Toby, Jerry and Douglas outside the police station. They had now been able to identify the 3 men, since they'd examined their wallets. The police gave them their court appearance notices and released them without putting them in jail.
When I arrived home I called my friend, Jill, to tell her what had happened. She told me to write everything down while it's still fresh in my mind. That I may need it for court. I did. Still the problem was: things happened so fast it was hard to keep the order of events in their correct sequence, but I did the best I could to remember.
The next day I was walking to the grocery store and I realized I resented being implicated with those guys who were arguing with the cafe manager, since I hadn't even spoken to her or any of the staff. Yes, I agreed with the confrontation, but beyond that I felt they should have stopped once they saw the manager wasn't going to be swayed. Beyond that point they were just wasting their breath and in a way I couldn't actually blame her for calling the police since she had a business to run and those guys were disrupting it. Perhaps a conflicted way to look at it, but I could see both sides.
I emailed a lawyer, Phillip Fager, who's name I was familiar with as he was working to defend some people in the Freedom Movement in Canada. He replied by thanking us for standing up for our rights and suggested using Color of Right as a defense. I passed along this information to the others involved, except one, Toby. I didn't have his email address yet. I also called the Police Department to see if I could get a copy of our arrest report. Another friend, Steven, was coaching me on what to do since he had been in court defending himself against Jehovah Witnesses and won his case. After my request a letter arrived in the mail to tell me I had to wait a few weeks for the report because it was being reviewed by the Crown Prosecutor.
I decided to email the Crown Prosecutor, Elma Metto, to get some details on our case. She replied we would be tried as a group, not individually. I learned from the others we all had the same police charge number on our court appearance notices. We were all lumped together in one group, even if 3 of us didn't participate in the argument, the other 3 had.
Later I spoke with the Provincial Court's Prosecution office and obtained a PDF copy of the police report via email. I shared this with the other members in our group trial. Going through it I spotted where the police lied about Abbey's and my arrest. It stated we were asked “Did we understand we were being arrested for trespassing.” It recorded our answer as: “Yes.” That wasn't true. Abbey and I had both replied to their question “I don't understand.” There were other claims by the police that weren't true. They said they had asked us if we wanted a lawyer, which they certainly didn't in my case. In the police report they kept saying we protestors were yelling. There was no yelling by us. The sergeant was the loudest when he was telling me to “Leave or be arrested!” in my ear. The cops had naturally written the report to favor them and make us look bad.
I told the lawyer Fager it was a group trial. He advised me on how to go about our defense, which should be a common defense since it was a group trial. He also told me he had too many cases already and wasn't able to take ours and he was planning to retire soon, but he would advise for free if we needed extra help. He said we should look for another lawyer. At this time I was under the impression that the Provincial Trespass Act was a criminal charge. I read about the act online at the provincial government website, but the definition gave nothing definitive as to whether it was a criminal or civil charge. They listed punishments as fine and or jail time. That seemed like it must be criminal. So I felt we would need a criminal lawyer.
We had several scheduling hearings at the Provincial Court. When we entered the Court for the first time we were concerned about having to wear masks—would they observe our exemptions? The rules were changing and allowing masks to be optional in some government buildings in the winter of 2022. Fortunately we got past the court check-in without the mask conflict. We checked the court schedule, which could be confusing since your name could drop off the list, then later come back on the list. Eventually we were brought in 2 at a time. I went in with Jerry to face the Judge and Crown Prosecutor. We stood in front of a large video screen. They gave us some basic information and wanted to know if we were going to use a lawyer. I said I was looking into using a lawyer. Jerry told the Judge and Crown Prosecutor “We're not bad people.”
I began my search for another lawyer since Fager couldn't represent us. After reaching out to several criminal attorneys I found one. He was not awake to the pandemic scam, but he wanted to represent us in the case. He sounded bright and knowledgeable. He told me the advantage of a group trial is the Crown Prosecutor can't force us to testify against one another, but he finished by saying “I charge $1,500 every time I step into court.” The stinger at the end of our conversation. That hit me. This experience could get costly, but if everybody chipped in and we were well organized it might be feasible.
I soon discovered the two women were open to the idea of using a lawyer, but the 3 men were not. Jerry said he would talk to a lawyer, but wouldn't use one in the trial. He sounded confident and said he planned to use a combination between Crown Law and Common Law. Toby got mad every time I brought up the idea of a lawyer representing us so it was hard to discuss it with him. I also mentioned to him I felt what happened in the cafe was not the way to go about things, that we should have left and gone outside to protest. Toby replied “Then why didn't you say something?” I said “Because at the time you're in the middle of it and you don't know what to do.” Later I thought about what if I had tried to talk them out of the argument. Considering how worked up they were I doubt they would have listened. It could have just inflamed the situation further. Bottom line: I realized Toby was totally against the idea of a lawyer.
Douglas would hear me out about a lawyer, but then patiently tell me he was only going to use a Common Law defense. Later he emailed me describing what happened to Dr. David Ganase, who stood up to the government during the pandemic. The government had him removed from the hospital staff where he worked for using Ivermectin on his patients. In court Ganase used a Common Law approach and since he wouldn't follow court procedure the court sheriffs beat him up and put him in the holding cell. Douglas ended his email to me saying. “..just so you know what might happen going forward.” I began to get frightened where these guys were taking us.
They were going to self-represent and use Common Law in court to defend themselves and couldn't be talked out of it. They didn't even want to meet for a strategy session. They were convinced each one could handle their own defense their own way. What's more they were going to argue about the mask exemptions not being allowed. We'd not been charged with a mask violation, but with trespassing. Actually, that is not completely correct. Abbey was the only one charged with 2 counts: trespassing and not wearing a mask. Why we others weren't charged the same is a mystery, but we weren't. It was stated in the police report that we were listed as mask violators but we'd not been charged with mask violations.
I couldn't see how the 3 men defending themselves with different defenses could work since it was a group trial. We were all being tried together. It's possible what one person did could affect the verdict of all of us. This didn't seem like a wise move. In fact it seemed like an illogical way to go about the trial. Common Law, though it may have some good aspects, does not have any teeth in our courts or legal system. In fact it would be totally against the court room procedures. How was this going to help us win our case by making the judge and the court sheriffs mad at us?
The 3 men said the courts are corrupt. We'd never get justice. Well, the courts have had the potential for corruption all along. It wasn't just now during the pandemic. Of course the pandemic gave the courts new opportunities for injustice. We saw that in some of the Covid cases being tried at that time.
I felt these Freedom Movement friends of mine didn't seriously want to win the case, but instead wanted to create another incident like they did at the cafe. What they were doing was tantamount to protesting in court. How could this help? I felt we should have an attorney argue the case and go after the Provincial Trespass Act—did the police have justifiable cause to invoke it? After all they never heard our side of the story why we were there in the cafe unmasked and what the argument with the cafe manager was about. The police just demanded we leave.
A few weeks later there was another scheduling hearing for our case in the Provincial Court. I did not attend this one. I was tearing down an old grape arbor beside my home to make way for new home construction next door. The arbor had started to lean into their property line and they wanted it down by that day. I was glad I wouldn't be attending the scheduling because I was afraid what the 3 men might get up to in court with their Common Law tactics.
My lawyer attended this scheduling hearing as my representation. Ironically, afterward, I heard from the others: Toby, Jerry, and Douglas, they liked my lawyer and were impressed with some of things he had to say to them. He let them know that the Provincial Trespass Act was not a criminal charge. It was a civil one. Meaning no criminal record. Later I was to hear the Crown Prosecutor, Elma Metto, call the Provincial Trespass Act quasi-criminal. When I heard her say that I could only think of the joke: is that like being quasi-pregnant?
Even though my lawyer made a favorable impression on the others they still wouldn't consider using him as our group's representation.
An early resolution offer email arrived from the Crown Prosecutor. I heard about it at one of our No New Normal weekly protest marches. In my case the email offer was not sent to me, but to my lawyer and he hadn't mentioned it to me. The early resolution deal was: plead guilty and you get a reduced fine and no jail time. After the march I headed home on transit and thought over this offer. I realized the cost would increase if the trial dragged on. Since the others wouldn't sign on to use the lawyer, he was an unnecessary cost. I would either let him go and carry on self-representing or plead guilty and pay my fine and serve out my probationary period requirements.
What would be my defense if I did self-rep? I could certainly tell the judge I wasn't in the argument with the cafe manager. And that I didn't hear what the first officer had yelled at me. Of course the judge could respond: you just saw 3 of your friends arrested for not leaving, what did you think the police were demanding of you? I could say I wasn't given enough time to respond to the police's demand. After all my arrest happened in less than a minute. I knew it was a weak defense. Nevertheless there was something else I didn't like about that defense. It was partly untrue. Partly a lie. I knew what was going on when the police started yelling at me. But my foolish pride got in the way. Instead of running out of the cafe like a Jeff rabbit—I stalled. I'm sure I would have left after I asked them a few questions, but still I knew what was happening.
On the other hand I could instead focus on the Trespass Act itself and try on my own to challenge it: whether the police had a justifiable cause to invoke it. It also occurred to me the Crown Prosecutor might ask me why I didn't join in with the 3 men arguing with the manager. Would I say it's because I didn't think what they were doing was right? Or be selectively honest? It became obvious to me I was not on the same music page as the others in the trial. I did not believe what happened in the cafe was the way to go about an action protest.
I decided to accept the Crown Prosecutor’s offer. I emailed my lawyer that evening and told him: if there was no criminal charge then go ahead and enter a plea of guilty for me. He replied he would contact the Crown Prosecutor to get a sentencing date.
I felt relief on one hand and regret on the other. I was also a little mad at those 3 guys who wouldn't get organized with me around a lawyer. I'd felt this would be a worthwhile investment of time and money if we mounted a good challenge against the Provincial Trespass Act. We may not have won our case, but at least we could have made a good showing in court for the Freedom Movement: well organized, intelligent defense and a polished legal presentation.
My sentencing was postponed once to accommodate the Crown Prosecutor's schedule. I still had to attend scheduling at the Provincial Court with the others in the case. When I showed up I told them I planned to plead guilty and pay my fine. Several got angry at me. Steven reacted to my pleading guilty by saying you are setting a precedent in court. They can use this on others. It sets a precedent. You shouldn't have pleaded guilty. How will that help the others in the case? He bolted away from me and stood across the room. Another, Tina, first flashed like she was angry at me, then soon she changed and said--”I want what you have.” I told Tina a cop once gave me advice: you could plead guilty with an explanation. Maybe that would work for her and help lessen the fine.
During the scheduling hearing I watched Toby, Douglas and Jerry. They were acting up. Toby was angry that the Crown Prosecutor hadn't sent him the recording of the manager's 911 call to the police yet. She said she was trying to get it to him. Jerry acted like he was not interested in the proceedings standing aloof holding his laptop as though he was working on it while the judge was speaking and occasionally looking up at her. He also said he felt threatened by the sheriffs. One sheriff responded in a friendly manner saying we won't threaten you. Douglas told the Crown Prosecutor he wanted her to provide an isolated sample of Covid-19, to which she quickly replied “I will not be providing that.” What I saw were 3 guys starting to protest in court. I could see this trial might become a circus. I'm sure it'd be very entertaining for those in the Freedom Movement who attended, but I didn't think it was an effective way to plead the case.
After the scheduling we went upstairs to another court where Abbey made her statement and Tina made her guilty plea with an explanation. Abbey said she wasn't sure if she was guilty. So they told her then she must stay in the trial. Tina said she was not involved in the argument with the cafe manager and was only checking on her friends at the time. The judge said it sounded as though she might have a defense. This is not what Tina wanted to hear. She claimed she had a job in Ireland (a role in a film, she was an actress) which she needed go to and couldn't stay through the trial. They said they couldn’t accept her guilty plea so she broke down and started to cry and say she couldn't handle the stress this situation was making in her life. The judge told her sorry, but we can't accept a guilty plea if it sounds like you have a probable defense.
Afterward I suggested we go talk to a duty council lawyer at the court. A service they provide for free. She went in and I soon followed. We explained the case to the lawyer, Paul, who was on duty. She said she'd tried to plead guilty but they wouldn't accept it. He said you have to just plead guilty and don't offer any possible explanation/defense. He also said he could help by calling the Crown Prosecutor and explain that Tina had gotten confused and he could set it right for her. He did and she was able to plead guilty at her sentencing as well as make a point of letting the judge know she hadn't been in the argument with the cafe manager, which she hadn't. Much later, years later, Tina told me the whole thing was a set-up between the duty council lawyer and the Crown Prosecutor to help make sure she pleaded guilty. It was as though she was trying to infer they'd talked her into it even though it was exactly what she had wanted.
Weeks went by as I waited for my sentencing in court. I still attended our weekly protest at City Hall. The next time I showed up the Freedom protestors had been told I was pleading guilty to the charge. Toby had informed them all. Abbey looked at me in disgust and admonished me for my guilty plea. She sat down by her brother Toby and said “We need to get organized. We need to get a lawyer.” I said to her good luck with that. She didn't get my meaning. I was persona non grata. She wouldn't look at me anymore.
Then came the next person to get mad at me, Jeff, who once told me how he would never back down if some authority tried to infringe on his freedom and rights. He called me a traitor to the movement and said he would never speak to me again. I said I'm sorry you feel that way. He kept saying you should fight the ticket. I told him there was no ticket, but a court appearance notice. He kept saying “Show me the ticket!” Then a woman walked over to me and wanted to know more. I told her every time my lawyer went in to court it was a lot of money. She acted disgusted saying “Money!” and shook her head. Meaning that I was only about money.
Strange, these people who voiced their dislike of my action seemed confused and ill informed. Soon Jeff started yelling at Ellie, our head protest organizer, that it was her fault I pleaded guilty and she should have talked me out of it to set a good example of how we should behave. He yelled at her so much and got so angry she started to cry. Toby felt bad for her and took her across the street for coffee. Perhaps he was really feeling guilty for telling everyone about my guilty plea which lead to Jeff's attack. Then another one of the protestors, George, a Scottish brick layer, heard about my guilty plea and laughed at me. He said “I saw that fearful look on your face, like Khan had when they were trying to force a Covid shot on him to keep his job. That's why you got so sick during that time.” I had come down with a respiratory illness that lasted for many weeks during this period. George also said he felt my trial wasn't anything to worry about. That the government wouldn't really do anything harsh to me.
The next person to react was a local alternative freedom podcast hostess. I'd donated to her show to help get it up and running. We'd become friends and crossed paths often as she was covering the protests. She'd known about my arrest. I emailed her the latest news about the trial and my pleading guilty. She replied “You did what was best for YOU.”
I heard from my lawyer, Karl. The sentencing date had been set. He called and we discussed my plea of guilty. Since he'd attended that scheduling hearing for our case at the Provincial Court he told me “I've seen what these guys are getting up to and it won't help them. If I was to try and represent you I'd have to work around them. It would hurt our defense and require me to prepare much more, which would cost more. They're just dragging you along. By pleading guilty you cut yourself loose from them.” Karl said I'd made the best decision under the circumstances. He told me we'd both attend sentencing, unless I wanted to self represent. I said “Well if it costs $1,500 every time you step in court.” He interrupted “I only said that because I'm used to dealing with criminals. I realize your a good guy. You've already paid more than my total fee will be. So if you'd rather self rep-” I said, “No we'll do it your way. You go ahead represent me at the sentencing.” It ended up costing a little over $1200.00 for his help.
Eventually my day in court came. My lawyer was late. The court waited. When he showed up he asked me to step outside before we began. He had a young lawyer assistant with him observing. Karl, asked me if I felt sorry for my action in the cafe that day, that the court needed to hear my apology in his plea. I told him the truth: I wasn't in the argument with the cafe manager because I felt it was not a good way to go about confronting her. That I didn't and wouldn't do that. He suddenly turned away from me and I heard him say to himself “I think I can use that.” I mentioned about the $500 fine. He said don't worry, I'm going to get it reduced to $50.
It turned out Karl had forgotten his notes for my case because he was more concerned with another trial that day in another court—where he'd come from and why he was late. As I stood in front of the judge my lawyer never made it clear I was never in the argument with the cafe manager and just standing in line waiting to order coffee. The judge seemed very angry at me and said I had no excuse for arguing with the cafe manager when I went in to buy coffee. I should just write the manager a letter and mail it to her. I looked at my lawyer why didn't he correct her? So I blurted out “I didn't buy coffee-” No chance to finish my sentence before my lawyer jumped up and came over to quiet me. I whispered in his ear “She's trying to make me sound like Toby.” Of course my lawyer, since he'd forgotten his notes, probably wouldn't remember who Toby was. He apologized to the judge for my outburst and said it was his fault. Partly true. The judge was madder than ever now. Because I was a senior she gave me $100 off the fine. Instead of a $500 fine it was $400 plus tax.
When we walked out of court my lawyer turned to me and said “We didn't do too well for you.” I decided there was no point in getting mad at him for his less than successful effort. Instead I just wanted to make sure I didn't have a criminal record. He said “You don't. It's a civil offense and equivalent to having a speeding ticket on your record.”
Meanwhile, for the others still in the trial to come, the wheels of justice were turning in the courts, very slowly, but they were turning. Since I did not attend the trial after it began I would hear from time to time how it was progressing. The Freedom people loved it. They said Toby, Douglas, and Jerry were really standing up to them in court. On the first day neither of the 3 men would follow court procedure or identify themselves by name to the judge. This was their interpretation of using Common Law in a Crown Court. The court sheriffs grabbed the men and put them in the holding cells for disobeying these court procedures. This happened several times. The sheriffs told them they had to follow the rules. When they were seized the Freedom people attending the trial made their support known vocally. This vocal support from the audience upset the judge and she demanded all spectators leave the courtroom. So they went and had lunch.
Word began to circulate in academic legal circles that this trial was out of the ordinary and interesting. So law students were recommended to attend and watch.
A new wrinkle added to the case when the sergeant was also facing some charges of his own. A suspect he had in custody died while under his watch. Their police department was investigating the circumstances. Another of the charges concerned his aggressive attitude in arrests.
From time to time I would hear more either at the protests or through email. The cafe manager and her employees who were there that day when the incident took place were called to testify, but they were continually changing their stories. Even the judge was getting upset with them not sticking to their previous statements. They now said they didn't know about the mask exemptions. Even that it wasn't mentioned in the argument with the 3 men which wasn't true.
Steven, the one with court experience, was watching the trial closely and making notes. He emailed me and said “they”, meaning the Toby, Jerry and Douglas, were blowing it. “They're not making any points in their favor.” A few months later at a rally he brought up the trial and said to me “You were smart to get out of it.” I wondered how long before he would go back to his claim I was setting a precedent. It's strange how some people who condemned me might later change their mind. I guess it depended on their mood. George the bricklayer was to do something similar after he heard about the end of the length of the trial and it's cost to taxpayers.
Another Freedom member, Drew, said the judge had repeatedly hinted to the 3 men: “..if you can prove reasonable doubt..”, but they didn't take the cue. One of the main problems was the men kept insisting this trial was about masks. Which it wasn't. It may have started with masks at the cafe, but when the police arrived it changed to trespassing. They were charged with the BC Provincial Trespass Act, not with a mask violation. The only one charged with a mask violation was Abbey, but the judge chose not to recognize the charge and it was dropped in the trial. Since the 3 men kept bringing up masks the judge eventually forbid them to say the word “mask”. Meanwhile she wore one as she sat behind her desk and Covid plastic barrier.
The sergeant's charges against him were dismissed by the police department inquiry. He was off the hook.
Toby asked if I would testify at the trial. I said I would. I emailed Abbey several times to ask her if she needed me as a witness in the trial, since I had seen her arrest and how the police lied in their report about what her response had been. I never got a reply. I was still persona non grata.
George the bricklayer was getting ready to head back to the UK but he was concerned about the Covid restrictions still in place in Canada. Should he try to go to the States and fly out there? Would they let him cross the border? Or should he take his chances and fly out of Vancouver? Would they ask if he had his Covid vaccination? Would he be told he had to wear a mask? George had that same “look” on his face that he poked fun at Khan and I for. Now George had skin in the game. I doubt he looked at it that way. Once he got back to England his confident self returned and the lesson he could have learned about his own human nature was forgotten.
It took 1 year and 9 months for the trial in 3 sessions to come to a verdict. Costing the taxpayers over $40,000. Abbey was acquitted and so was Jerry. In Abbey's case I think the Judge realized she hadn't done anything and was actually on her way out of the cafe when the arrest was made. But in Jerry's case, I think it was political. He suffered from a bad twitch which caused him to jerk from one side to the other while he was talking. The Judge had said to him during the trial, “I'm being extra kind to you.” I think she was afraid if he wasn't acquitted he might sue the city for discrimination because of his medical disability. As I remember, Jerry actually threatened the cafe manager with his “If you don't serve us today, we'll come back every week until you do.” That's criminal harassment under the law in that circumstance. No one else made any threats to the manager.
Toby and Douglas were charged with trespassing and fined $500 each. Tina and I had pleaded guilty and fined, Tina $250 and mine $400. It was a mixed verdict and despite what Steven said would set a precedent it did not.
Toby was not happy with the verdict. I spoke to him one day and told him I would have stayed in the trial if he was willing to use a lawyer. He said maybe if I had worded it differently he might have considered it. I didn't see how I could have worded it any different, because every time I said the word “lawyer” he'd gotten angry and refused to entertain the idea. But even if he had considered it, Douglas was committed to using Common Law in the trial and he wouldn't change his mind. We weren't on the same page as far as defense was concerned. Nevertheless I told him I'd learned from the experience. He hadn't learned anything. I think he regretted not getting organized with a better defense. Many times throughout the trial I asked Toby how was it going and he'd say “I should be preparing and working on my defense, but I'm just not into it.” As to Douglas, he didn't say anything much after the verdict other than “Well what do you expect from the government? The court's rigged against us.”
I ran into Jerry at a protest rally sometime later. He was high on his experience of beating his charge in trial. As he twitched from side to side he kept saying that whole thing was about masks. I did not comment, though I disagreed, and especially didn't say anything about a political reason for his acquittal. He had enough to deal with. Let him enjoy his victory.
I had learned a lot from the arrest and subsequent events of the court and trial. In future if I was ever out on another of these action protests I wasn't going to be so naive as to believe the cops would separate me from the main actors. So if I didn't like the way the protest was being carried out it was up to me to get myself out of there ASAP. If I was arrested with a group I would try to make sure I got a separate arrest number so I wouldn't be tied to others who may not be sensible in court. And also right away to determine if the charge was civil or criminal so I knew exactly where I stood and the possible consequences.
I personally believe that peaceful protest in the street is the best way for the people to make their voice known. It does not have a direct effect on government, but it does have an indirect effect. Our government representatives do not want to see real grassroots protest happening. It gets others to notice and question what's going on. It educates others in a potential injustice in our society often overlooked and or even legislated by our government representatives. Covid was such a time. A time when those who saw it for what it was: a pandemic claim made by international NGO's, our government, and the media with no evidence. We who didn't buy into the pandemic claim became the outcasts. Most people were afraid and went along with the Covid simulation giving up their freedom and liberty in exchange for what they perceived as safety and acceptance. We few who protested gave up our acceptance and faced opposition all around us. But to face opposition within the same movement I was participating in was an experience I hadn't counted on. As I look back, if I had to do it all over, I don't think I would have chosen differently. I have to be an individual. If I believe even my friends in the Freedom Movement are wrong I must say something and make an independent decision whether I want to join them or not.
Many people talk brave. They say they won't back down no matter what. For most it's just talk. I don't like to talk that way because I know it's not true. Most of us have a point in which we will back down. I saw leaders in the Freedom Movement who, even though they talked against it, wore the mask because they didn't want to be yelled at anymore. I saw them out in public, one actually hid from me. Even the man who said he'd never back down, Jeff, who let me have it when he heard I was pleading guilty, even he backed down. He posted a video of him trying to enter a local hospital, Tigers Gate, to visit a friend having treatment. He was not wearing a mask, which was at that time a requirement at this hospital. The security guards wouldn't let him enter unmasked and threatened to call the police. He said go ahead. They did. The police arrived and told him he had to wear a mask to enter or he had to leave. If he didn't he would be arrested. He chose to leave. He walked away calling them names. Even Jeff backed down. He wasn't willing to be arrested.
Bravery isn't the right choice if it doesn't include intelligence. You always need to think as clearly as you can and face the realities. Idealism is a beautiful thing, but if it's not tempered with the cold hard facts of the situation, it's just fine sounding words.
I also don't like to claim a victory when it's clearly not. Many in the Freedom Movement through frustration and fatigue do this. They want a win since it seems we are always losing to this globalist plan for total control.
Once I was standing with a leader, Ricardo, who'd help start the Covid protest movement in Vancouver, BC. He said he had just come from court and had beaten a $1000 ticket for driving without a bumper on his car. The cop who wrote the ticket hadn't shown up and so because he had contested it and he'd shown up to court the judge ruled in his favor and threw out the ticket. He looked at me and asked are you happy with your decision in the trial, referring to my pleading guilty? I said I wasn't happy. I was faced with a bad choice or a worse choice. He said “You see I fought mine. You should fight things.” I thought about this later. He hadn't fought it, he'd gotten lucky. The cop hadn't shown up. “If” the cop had shown up “then” he would have had to fight it. What was going to be his defense? The cop was hallucinating, his bumper was really there? I don't think the judge would have believed that or ruled in his favor. He got lucky. Good for him. He didn't have to pay that $1000 ticket. But face the reality of what happened. Don't distort reality to fit an idealistic dream you may want to happen.
The struggle against our rapidly disappearing freedom and liberty in society continues. I still protest with the same group every week. We're coming up on our 5th year anniversary. 2 of those men who were in the trial are there with me every week. I like those guys. We've been through a lot together, still I don't agree with them on some issues. But that's the Freedom Movement. We may not agree on the minutia, but we agree on the big picture. Covid was never about health it was about control and the agenda is still going on.
I believe lawful, peaceful protest is the only way open to us. Have visibility to the public. Try to educate on what the regular media won't let the public know. Stay informed. Pay attention. Persist. Be there in all weather, not just the fair weather days, so the people who drive or walk by are reminded of what everyone went through and not forget because it's still going on. We Covid Lock down protestors are a symbol. If it ever gets so bad again, like it was in the scamdemic–we won't be hard for others to find and join.