Pat King relying on defence that he got 'erroneous advice'

The lawyer for one of the key figures in the 2022 convoy protests says her client now accepts his guilt has partly been proven — but he should still not be held accountable because he got bad advice from the authorities.

Pat King helped organize logistics and promoted the protests that became known as the Freedom Convoy on social media.

He has pleaded not guilty to mischief, intimidation and several counselling charges.

King's lawyer, Natasha Calvinho, has been arguing at his trial there was an officially induced error — meaning that although King partly acknowledges his guilt, he should not be convicted because he obtained "erroneous advice" from an official and relied on that advice when he committed the offences he's accused of. 

It remains unclear what that advice was, however, or who the official giving it could have been.

Calvinho has called witnesses that include a City of Ottawa official, supporters of the protests and police officers tasked with reaching out to protesters both leading up to and during the events that resulted in swaths of downtown being blocked.

Beyond trying to prove an official error and a failure of "all levels of government," Calvinho has suggested protesters were "barricaded" in the city and prevented from leaving by police. 

'We weren't trying to keep people there'

During testimony this week, police officers told the court none of the protesters showed any willingness to leave. 

One of those officers, Ottawa Police Service Const. Mathew Bickford, said he realized it would take a "collective effort" to remove the trucks that had clogged up the area near Parliament Hill.

But Bickford also testified that nobody was asking to leave the area — despite being told by authorities to do so. 

"We weren't trying to keep people there," said Bickford. "It was actually the opposite." 

Bickford testified there were instances when protesters would leave on their own free will overnight without police help. The court also saw evidence showing the number of vehicles in the downtown core was regularly fluctuating.

Like in other high-profile trials of key protest figures, police officers testified to instances of feeling unsafe and being "swarmed" by the crowds. 

Crown prosecutors have entered social media posts and other evidence to show King used his influence to direct protesters to Ottawa's downtown after authorities had told people to stay away.

That evidence included a video taken during the protest by King and posted to his social media, in which he brags about "sneaking" trucks into the city's core. 

Prosecutors also accuse him of organizing a "slow roll" protest involving vehicles driving by the Ottawa International Airport.

Retired city GM testifies

After a morning of testimony from Kim Ayotte, the city's recently retired general manager of emergency and protective services, there was a lengthy discussion between prosecutors, Calvinho and Justice Charles Hackland about its relevance. 

Ayotte agreed with Calvinho it was Ottawa Police Service's responsibility to keep the peace and handle crowd management on behalf of the city. 

• City officials negotiated moving trucks to Wellington, trial of convoy leaders hears

• Convoy trial defence lawyer argues police directed protesters into downtown Ottawa

But the Crown argued there was little relevance of the testimony to either the criminal trial or King's defence that someone in authority committed an "officially induced error."

King identified as leader

After an extended lunch break, Calvinho returned and focused her questions for Ayotte. 

She pointed to evidence that police and Ayotte had little or no knowledge of King's role in the protests — in fact, very few witnesses called by either party had significant direct interactions with King. 

But under cross-examination, Ayotte said King was recognized as a leader of the protests. 

Ayotte told the court the "red zone" designated by police was done to manage traffic flow in and out of the downtown core, and barriers were put on certain roads to maintain emergency routes or to prevent trucks from parking. 

He said he'd originally proposed the city and police prevent trucks from entering the city altogether, but was told by legal counsel that wasn't an option because it would be unconstitutional. The city has since changed its opinion on this. 

Calvinho has signaled she is likely to call more police officers to testify, but told court her arguments should be done by Tuesday. King is not expected to enter the witness box. 

Closing submissions are scheduled for Friday.