Pastor facing charges in relation to Coutts protest
By Delon Shurtz - Lethbridge Herald on February 10, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A Calgary pastor who was arrested at his Calgary home this week, will have to remain in custody at least until next week before he finds out if he’ll be released on bail.Artur Pawlowski sought his release Wednesday during a lengthy bail hearing in Lethbridge provincial court, but after listening to extensive submissions from the Crown and defence, including video footage of the accused’s arrest, Judge Erin Olsen reserved her decision until next Wednesday.
Pawlowski, 48, is facing three charges, including mischief, in relation to his attendance last week at the freedom protest at the Coutts border. He was arrested Tuesday before he was able to revisit the blockade to once again show his support.
Pawlowski, a Polish immigrant who grew up under Communist oppression before emigrating to Canada, made international headlines after he was arrested last May for holding worship services during Calgary’s COVID lockdown.
His latest arrest came only days after he attended the protest in Coutts, during which he gave a speech at Smugglers Saloon and is heard in a video submitted to the court telling protestors to not give up the fight against government mandates.
“You have power now, don’t give it away,” Pawlowski said. “The eyes of the world, again, are on this little border, and the world is watching you. Will you give in? Will you stop fighting for the rights of the free Canadians?”
Crown prosecutor Steven Johnston said Pawlowski’s speech does not promote a peaceful protest but is laced with threats of violence, and he referred to the accused’s comments that there aren’t enough police or a big enough army to deal with the protestors.
“He’s not talking about in any manner a peaceful protest at that point in time,” Johnston said. “He’s clearly in the context of his speech referencing to the notion that there would be some sort of violence.”
Pawlowski is also prepared to be arrested for the cause and encourages people to rise up against the rules, Johnston added. Pawlowski also said “if this is our Alamo, then so be it.”
That comment, Johnston suggested, is a dimly veiled reference to the soldiers who died to “the very last man” while defending the Alamo Mission.
“The Crown says that is not a veiled threat to violence, it’s an overt threat to violence.”
When Pawlowski’s speech concluded, he got back in BMW and returned home, leaving the protestors behind, Johnston added.
Johnston said if Pawlowski is released, he is sure to breach conditions on which he is placed, and his release will undermine the public confidence in the justice system.
Calgary lawyer Chad Haggerty said his client, who was not actually participating in the border blockade, should be released from custody, because he was doing nothing more than exercising his Charter rights to free expression. He argued Pawlowski’s statements don’t have undertones of violence, and his actions do not constitute mischief under the Criminal Code.
“That protest is still going on,” Haggerty said. “It began before Mr. Pawlowski went to Coutts, it continued on after he left.”
Haggerty said Pawlowski could be released on bail with restrictive conditions and a $5,000 promise to pay if he breaches. Follow @DShurtzHerald on Twitter 4
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