Police 'barricaded' protesters in Ottawa's downtown, Pat King's lawyer argues

A lawyer for "Freedom Convoy" leader Pat King blamed "all levels of government" — not protesters — for disrupting Ottawa's downtown core for more than three weeks in early 2022, suggesting police "barricaded" demonstrators to prevent them from leaving the city.

King has pleaded not guilty to mischief, intimidation and other charges. His lawyer Natasha Calvinho said Crown prosecutors have so far told only a "fraction of the story" in court, leaving "key questions unanswered." 

The trial began in May and has encountered a series of stops and starts before resuming Wednesday with King's defence.

Earlier, prosecutors used social media posts and other evidence to argue King was a key figure during the protest who directed others to gather downtown after authorities had warned the public to stay away. 

Prosecutors say King was directly involved in organizing a vehicular protest known as a "slow roll" at the Ottawa Airport, and encouraged others to engage in mischief by honking their horns.

No exit strategy, defence argues

During her opening statements, Calvinho argued King was entitled to express his beliefs alongside others who gathered in Ottawa to protest COVID-19 mandates, among other grievances with the government.

Calvinho argued government and law enforcement officials were aware of the protesters' intent to stay in the city "for the long haul." 

"If anyone failed the citizens of Ottawa, it was all levels of government," she said. "Not Mr. King, or anyone else who was peacefully protesting." 

Police escorted protesters into the downtown and distributed detailed maps showing them where to park and stay, but Calvinho argued there was never a concrete plan for their departure.

Once enforcement efforts began, Calvinho said protesters received mixed messages about whether they could leave in their own vehicles.

"They were barricaded in," Calvinho told Superior Court Justice Charles Hackland, who's presiding over the judge-alone trial.

Former Mountie testifies

During previous testimony in May, an Ottawa police officer agreed with King's lawyer that police made it difficult for many protesters to leave in their vehicles after Feb. 15, 2022, the day after the federal government invoked the Emergencies Act in an effort to clear the streets. 

Daniel Bulford, an RCMP officer until he resigned over COVID-19 restrictions in December 2021, was the first witness called by Calvinho. 

Tasked with security and liaising with police officers on behalf of protesters, Bulford was asked to join the demonstration after connecting with groups based in Alberta. 

Bulford said that during the protest he was largely unfamiliar with King or his social media presence, and was unaware of most statements he made. 

As the convoy approached Ottawa, Bulford testified he reached out to contacts in the RCMP and other law enforcement agencies to let them know of his involvement in the protest.

He told court in the days ahead of the convoy's arrival, he received detailed maps from Ottawa police showing where trucks should be parked. He said he shared the documents with Tamara Lich, another high-profile protest leader currently on trial. 

Under cross-examination, Bulford agreed with Crown prosecutor Moiz Karimjee that both the number of trucks and where they were placed failed to follow police instructions.

He also agreed with Karimjee that King had disobeyed a court order when he told people, "It's game on, let those horns go," the day after Ottawa residents had been granted an injunction against the use of and air and train horns.

Confusion over 'red zone'

Bulford said he was responsible for triaging information as it came in to help protest organizers and police sort out any potential safety issues. That included discussing plans to move trucks from residential areas to a "red zone" closer to Parliament Hill.

Bulford said police allowed vehicles to leave the red zone, but prevented trucks from parking in surrounding neighbourhoods.

He said police erected barricades in the early days of the protest, and said it was his understanding they were there to prevent more vehicles from entering the downtown core.

Bulford, who said his bank accounts were frozen for participating in the protest, characterized the event as "a giant winter version of Canada Day," and agreed with Calvinho's assertion that police were responsible for the trucks and other vehicles parking where they did. 

Bulford said during the protests, and again in court, that he had hoped police officers would disobey their orders to crack down on the protesters.

Prosecutors have argued it was protesters, not police, who disrupted traffic and blocked emergency vehicles.

King not expected to testify

Calvinho is planning to call several witnesses this week, including the city's former emergency and protective services manager Kim Ayotte, law enforcement officials and Ottawa residents who supported the cause.

Ottawa Police Service (OPS) lawyer Michelle Stewart sought to block the testimony of three officers, arguing their evidence would have no relevance to the trial, but Hackland decided that because the prosecution had called police officers who'd played similar roles during the protest to testify, the defence should be given the same latitude.

King is not currently expected to testify at his trial. 

Crown prosecutors have signalled they're likely to seek jail time for if King is found guilty. Arrested in February 2022 during the protest, King spent five months in jail before being released on bail ahead of the highly anticipated trial. 

Bulford's cross-examination is expected to resume Thursday. The trial could end as soon as next week.