Nearly two years since the 18-day protest at the Coutts border in Alberta, protester James Sowery has been sentenced to 10 months in prison for assault with a weapon and dangerous driving after striking a pylon when leaving the protest.
The sentencing by Justice Glen Poelman came on Monday after a conviction at the hands of a jury trial in March of 2023 that found Sowery guilty of assault with a weapon and dangerous driving for hitting a traffic cone.
As evidence, the RCMP recreated the scene in a dramatic reenactment by Const. Kornicki in Sherwood Park.
Screenshot of Const. Cory Kornicki standing beside his vehicle, wearing the same gear he was in on Feb. 14, 2022. (Court exhibit)
According to Independent Journalist Mocha Bezirgan, the prosecution demanded that a jail sentence was necessary as a deterrent, and to send a message to the rest of Canadian society.
Sowery maintained his innocence, says he didn’t act maliciously
Sowery, however, has maintained his innocence throughout the entire ordeal. During the courtroom break on Monday, he said to Bezirgan: “Why would I plead guilty to something I never did?”
At the time of the incident on February 14th 2022, Sowery had left the protest after delivering a load of firewood to his fellow protesters at the blockade near Coutts Alberta. As he left the region heading north on highway 4, he approached an RCMP checkpoint consisting of a single vehicle near Milk River.
According to Sowery, moments before passing, an officer (Const. Cory Kornicki) jumped out of the vehicle and waved to him as he left, thinking he was waving farewell. Sowery said he didn’t perceive it to be a checkpoint, and also that he didn’t realize he struck a pylon that was placed next to Kornicki’s vehicle.
Shortly afterwards, Sowery was arrested by another RCMP officer. The officer who initiated the takedown later said that Sowery was not hostile, saying, “Initially, yeah, I feared for my safety but once I got to dealing with him and that, he was good to deal with…”
In a victim impact statement on Monday, Kornicki said he was brought to tears by the incident. Kornicki also said that Sowery initially slowed down before the traffic stop before accelerating through it, and that he had to jump out of the way to avoid being hit.
Judge maintains that Sowery never intended to drive into Constable Kornicki
The defense maintained that as a single parent of two children, Sowery would be unable to provide for his kids, and had asked for house arrest for 12-18 months.
During the sentencing, Justice Poelman acknowledged Sowery had no prior criminal record, but maintained that an example must be made to “deter” like minded individuals from committing such actions.
The judge also said that he didn’t believe Sowery intended to hit the officer, as Kornicki alleged. He said that Sowery most likely swerved his vehicle to scare the officer in a threatening manner.
Sowery’s legal counsel seeks appeal amidst a temporary defeat
Before his sentencing, Sowery said he intended to appeal the “erroneous” charges, and has opened a GiveSendGo fundraiser to assist with lawyer fees.
“if you speak against the government…they’re gonna hammer you,” says supporter after decision hailed as purely political
Spectators and supporters commented on the shocking decision, with one saying, “We don’t have a Judicial system anymore,” further implying that the judge most likely received pressure from higher positions to make an example of Sowery.
Another supporter of Sowery’s commented on the development stating, “It doesn’t matter how ridiculous the circumstances are,” he said, “if you speak against the government and the narratives that it’s pushing, they’re gonna hammer you.”
On Sunday, Sowery also revealed plans to seek legal satisfaction for defamation against him by Global News and CTV for smearing him with their “White Supremacist” labels in their biased reporting.
