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Leader of the Freedom Rally in British Columbia sentenced to house arrest for assault

A leader of a movement protesting 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, had his sentence announced Friday by Kelowna Provincial Court Judge Cathaline Heinrichs.

The court heard that Lindsay attacked two security guards as she attempted to enter an Interior Health building in Kelowna during a “Freedom Rally” demonstration in August 2021.

Similar to other demonstrations across the country, weekly protests have been taking place in downtown Kelowna, largely against health orders related to the COVID-19 pandemic, attracting anywhere from dozens to several hundred people.

On the day of the incident, Lindsay had previously told guards that he intended to enter the building, despite having previously been barred from the premises and being told by RCMP officers that he would be arrested if he attempted to go inside, the court heard.

Lindsay represented himself during the trial. As evidence, he presented two cell phone videos showing interactions between him and security guards blocking the entrance to the building.

In a video, Lindsay can be heard telling the guards that he has the right to enter the building. He is then seen stepping forward and lightly bumping his chest into two of the guards blocking the entrance.

David Lindsay leaves the courthouse in Kelowna, BC, with his supporters after the first day of his trial on Wednesday, March 1, 2023David Lindsay leaves the courthouse in Kelowna, BC, with his supporters after the first day of his trial on Wednesday, March 1, 2023

David Lindsay leaves the courthouse in Kelowna, BC, with his supporters after the first day of his trial on Wednesday, March 1, 2023

David Lindsay leaves the courthouse in Kelowna, BC, with his supporters on the first day of his trial on March 1, 2023. (Brady Strachan / CBC)

Contempt of court

In announcing the guilty verdict, Heinrichs told the court that Lindsay's conduct posed a threat to the public interest and could have led to even more violent behavior during the protests.

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

The British Columbia Public Prosecution Service said Lindsay was sentenced to 120 days of house arrest for each assault charge and 30 days for criminal contempt – all of which he can serve concurrently – followed by two years' probation.

The court also imposed a three-year weapons ban and a $100 fine on the victim for each count of assault.

According to the Kelowna Public Prosecutor's Office, Lindsay has filed an appeal and requested to be released on bail pending the outcome of the case.

Lindsay has a long history of using pseudo-legal arguments to challenge various aspects of tax law and the authority of the Canadian state and courts.

Lindsay told CBC News last year that he had been involved in more than 350 court cases in several provinces.

In 2006, the Supreme Court of British Columbia declared him a “quack” – that is, someone who repeatedly files unfounded claims for improper reasons – in connection with a tax case.