David Lindsay's assault trial hit a roadblock before it even got started Wednesday morning.
Lindsay, one of the faces behind Kelowna's movement against the COVID vaccine and other pandemic measures, is facing two criminal assault charges, stemming from an alleged incident outside the Doyle Avenue Interior Health building during a protest in August 2021.
The Crown alleges he tried to push his way past two security guards to enter the building. The force he allegedly used against the guards constitutes an assault, the Crown says. Lindsay has previously called the charges “politically motivated.”
Lindsay, who has a long history of using creative and largely unsuccessful arguments in court, is representing himself in the assault matter. He's been declared a "vexatious litigant" in B.C., meaning he cannot initiate a lawsuit without a judge’s permission.
But while his two-day trial was scheduled to begin Wednesday morning, Lindsay initially refused to enter the courtroom.
As has been the case with his previous court appearances, a group of about 40 of Lindsay's supporters were at the Kelowna courthouse Wednesday morning. But when the sheriffs attempted to search through their bags before they entered the courtroom, Lindsay told them not to consent to a search.
Lindsay then refused to enter the courtroom if his supporters were not present.
“There are those who believe in freedom and those who don't,” Lindsay repeated outside the courtroom.
At 9:37 a.m. at the request of Crown prosecutor David Grabavac, Judge Cathaline Heinrichs issued an unendorsed bench warrant for Lindsay's arrest, despite the fact that he was directly outside the courtroom.
After a few minutes, a sheriff informed Lindsay a warrant had been issued for his arrest, and Lindsay agreed to speak with Judge Heinrichs. But the sheriffs refused to allow anyone outside of lawyers and Lindsay into the courtroom during the brief discussion, so it's not clear what was discussed.
After a few minutes, Lindsay left the courtroom and a sheriff announced that Lindsay's warrant had been vacated.
The trial was then put over to noon.
But it doesn't appear that any of the Lindsay's concerns have been rectified. Speaking to his group of followers outside the courtroom, Lindsay reiterated that he would continue to refuse to attend the trial if his supporters were unable to enter without being searched.
He said the trial would likely run “ex parte” – or without Lindsay present – if he refuses to enter the courtroom. It's not clear if Lindsay will be arrested if he refuses to attend at noon.
“If I were to participate [in the trial], I would destroy them,” Lindsay noted to his followers.
Castanet will have further coverage of the trial later in the day Wednesday.
