A prominent anti-COVID mandate protester and self-proclaimed 鈥渇reedom fighter" has been sentenced to house arrest for two convictions of assault and one count of contempt in a 琉璃神社 Provincial Court on Aug. 9.
The Conditional Sentence Order that David Lindsay will serve was delivered by Judge Cathaline Henrichs to a packed courtroom, nearly three years after the incident sparked a lengthy trial in which Lindsay represented himself.
Lindsay is one of the founders of an organization called Common Law Education and Rights (CLEAR) and is known in 琉璃神社 as a leader of the 'Freedom Rallies' and anti-COVID mandate protests that were held in downtown 琉璃神社 during the lockdowns.
In the B.C. Supreme Courts, Lindsay is known as a due to his tendency to file numerous appeals and applications and commence legal proceedings. During the sentencing hearing, Judge Henrichs said that other provincial courts have also found Lindsay's behaviours to be inappropriate.
On Aug. 19, 2021, Lindsay was arrested after bumping into two security guards while attempting to enter the Interior Health Authority building in downtown 琉璃神社 during a COVID mandate-related protest.
During the trial, Lindsay told the court that he wanted to enter the Interior Health building to speak with staff about the COVID mandates, despite having already been banned from the premises for his role in prior protests and his unwillingness to wear a mask.
Multiple video angles of the incident where Lindsay attempts to enter the building were captured by other protesters and by Interior Health security cameras.
In the video footage, which was entered as evidence and played for the court throughout the trial, Lindsay can be seen speaking with security guards who are positioned shoulder-to-shoulder, blocking the entrance to the building. Lindsay can then be seen stepping forward and bumping into the security guards with his torso. No one was injured in what has now been deemed to be an assault.
Judge Henrichs explained that the force of the assault was secondary to the intention behind it and subsequently found Lindsay .
after making what she ruled to be "disrespectful" comments. Lindsay was given an opportunity to purge himself of contempt ahead of the sentencing hearing.
At the sentencing hearing, Judge Heinrichs ruled that Lindsay had not purged himself of contempt, despite having filed two letters of apology.
"His apology rings hollow," said Judge Heinrichs.
After being found in contempt and after submitting one letter of apology, Lindsay appeared on an online talk show in March 2024, where he made, what Judge Heinrichs has deemed "disparaging comments," about the court.
Lindsay said, among other things, that Judge Heinrichs was "ordered to convict at all costs."
"It makes Lindsay appear two-faced," said Judge Heinrichs about the discrepancy between Lindsay's apologies and his actions.
Another aggravating factor for the conviction for contempt is the fact that Lindsay has already filed an appeal for the charge of contempt, said Judge Heinrichs.
She sentenced Lindsay to 120 days of house arrest for the convictions of assault, and 30 days for the finding of contempt. The 30-day sentence will be served concurrently, meaning he will serve 120 days total of house arrest. While serving the conditional sentence, Lindsay is required to wear an ankle monitoring bracelet at all times.
"Technically this is a jail sentence but he is in the community," said Judge Heinrichs.
Lindsay will not be able to leave his home for any reason, other than medical emergencies or pre-approved court appearances.
"I have a few court cases going," said Lindsay about his need to attend the 琉璃神社 courthouse.
For the duration of his sentence, Lindsay will not be permitted to travel more than 10 metres from his front door other than to take out the garbage. When Lindsay inquired about food, Judge Heinrichs said he would have to order groceries to his home or have his friends deliver items for him.
He also cannot have more than two adults in his home at any given time.
Lindsay is also required to remove all depictions, including the mention of and photos of security guards Jason Davis and Greg Smith from the internet, to the best of his abilities. Lindsay is also banned from possessing any weapons.
Failure to comply with the conditional sentence order in any way could result in his arrest, said Judge Heinrichs.
