Street Church pastor Artur Pawlowski was sentenced to 61 days in jail for charges stemming from the Coutts Border Blockade, but he will not be incarcerated because of credit for time served. .“He does not regret his actions or behaviors,” said Court of King’s Bench of Alberta Justice Gordon Krinke at a Monday hearing..“He accepts responsibility but is not remorseful.”.Pawlowski was arrested at his home by six police officers after he encouraged protestors at the Coutts Border Blockade to stay put in 2022. .READ MORE: WATCH: Pawlowski arrested at home by numerous police.Pawlowski’s son Nathaniel said his father and he were getting ready to head to Coutts for the day when an undercover police minivan pulled up and six officers sprinted at them. .Police told him that he was under arrest for mischief over $5,000. .Pawlowski was released from the Calgary Remand Centre under strict bail conditions in 2022. .READ MORE: WATCH: Street pastor Pawlowski out of prison after bail conditions finally set.His release followed 51 days of continuous incarceration between the Edmonton and Calgary detention centres — many of which were spent in forced solitary confinement and under what he said were excessive and cruel conditions..Under threat of re-arrest and detention, he was not permitted to speak to or wave to his supporters who had lined the sidewalks outside the building on his release to offer support. Other bail conditions included a curfew from 7 p.m. to 7 a.m. and house arrest — a combination he said was nonsensical and excessive. .Pawlowski was found guilty of mischief, willfully damaging and destroying essential infrastructure and breaching a release order at the Coutts Border Blockade in May. .READ MORE: UPDATED: Pawlowski guilty of charges related to Coutts Border Blockade.“This decision focuses on whether the Crown has proved beyond a reasonable doubt the actus reus [the guilty action] and mens rea [the guilty mind] to the offences which Mr. Pawlowski is charged,” said Krinke. .“If it has, I must convict.” .Krinke said he determined the sentence after reviewing case law, oral presentations and reference letters. He described Pawlowski’s church duties and politics. .The Crown attorney requested eight to 10 months in jail for mischief and one day concurrently for breach of order. His defence lawyers asked for seven days in jail for mischief and one for breach of order. .When sentencing people, Krinke said there are various principles such as proportionality, parity and restraint. .With proportionality, he said he must take into account the gravity of the offence. The maximum sentence for mischief is 10 years in jail, and it is two years for breach of order. .The length of time of the Coutts Border Blockade increased the gravity of the offence. In other words, he will be hung with all of the costs from it. .Protest has a place in democracy, but not if it engages in illegalities. No one is above the law. .With parity, he said sentences should be similar to past precedents. He depended on case law for this part. .One case he said was similar was a person blocking roads to old growth forests. This person was sentenced to 60 days in jail, but it was a conditional sentence. .Another case he used was a person climbing the Calgary Tower for an anti-oil protest. This person received a $2,000 fine. .Krinke said least restrictive sanctions are the best, but that would not apply as much in this case. He added a discharge would be inappropriate. .For a fine, he said it would not reflect the gravity. Probation would not make a dent. .He called incarceration “required to achieve denunciation and deference.” While incarceration would be required, he had 78 days banked from time served and has vowed to appeal his sentence. .The mitigating factors were he had no prior criminal record, expedited the trial by agreeing to facts, and has helped poor people. The aggravating factors were the incident happened while he was under a court order and has not expressed contrition. .Krinke concluded by saying Pawlowski would not be going back to jail. .“Pastor Artur said he was willing to go to jail for his actions, but his conduct afterwards suggested that he wasn’t,” he said.
Street Church pastor Artur Pawlowski was sentenced to 61 days in jail for charges stemming from the Coutts Border Blockade, but he will not be incarcerated because of credit for time served. .“He does not regret his actions or behaviors,” said Court of King’s Bench of Alberta Justice Gordon Krinke at a Monday hearing..“He accepts responsibility but is not remorseful.”.Pawlowski was arrested at his home by six police officers after he encouraged protestors at the Coutts Border Blockade to stay put in 2022. .READ MORE: WATCH: Pawlowski arrested at home by numerous police.Pawlowski’s son Nathaniel said his father and he were getting ready to head to Coutts for the day when an undercover police minivan pulled up and six officers sprinted at them. .Police told him that he was under arrest for mischief over $5,000. .Pawlowski was released from the Calgary Remand Centre under strict bail conditions in 2022. .READ MORE: WATCH: Street pastor Pawlowski out of prison after bail conditions finally set.His release followed 51 days of continuous incarceration between the Edmonton and Calgary detention centres — many of which were spent in forced solitary confinement and under what he said were excessive and cruel conditions..Under threat of re-arrest and detention, he was not permitted to speak to or wave to his supporters who had lined the sidewalks outside the building on his release to offer support. Other bail conditions included a curfew from 7 p.m. to 7 a.m. and house arrest — a combination he said was nonsensical and excessive. .Pawlowski was found guilty of mischief, willfully damaging and destroying essential infrastructure and breaching a release order at the Coutts Border Blockade in May. .READ MORE: UPDATED: Pawlowski guilty of charges related to Coutts Border Blockade.“This decision focuses on whether the Crown has proved beyond a reasonable doubt the actus reus [the guilty action] and mens rea [the guilty mind] to the offences which Mr. Pawlowski is charged,” said Krinke. .“If it has, I must convict.” .Krinke said he determined the sentence after reviewing case law, oral presentations and reference letters. He described Pawlowski’s church duties and politics. .The Crown attorney requested eight to 10 months in jail for mischief and one day concurrently for breach of order. His defence lawyers asked for seven days in jail for mischief and one for breach of order. .When sentencing people, Krinke said there are various principles such as proportionality, parity and restraint. .With proportionality, he said he must take into account the gravity of the offence. The maximum sentence for mischief is 10 years in jail, and it is two years for breach of order. .The length of time of the Coutts Border Blockade increased the gravity of the offence. In other words, he will be hung with all of the costs from it. .Protest has a place in democracy, but not if it engages in illegalities. No one is above the law. .With parity, he said sentences should be similar to past precedents. He depended on case law for this part. .One case he said was similar was a person blocking roads to old growth forests. This person was sentenced to 60 days in jail, but it was a conditional sentence. .Another case he used was a person climbing the Calgary Tower for an anti-oil protest. This person received a $2,000 fine. .Krinke said least restrictive sanctions are the best, but that would not apply as much in this case. He added a discharge would be inappropriate. .For a fine, he said it would not reflect the gravity. Probation would not make a dent. .He called incarceration “required to achieve denunciation and deference.” While incarceration would be required, he had 78 days banked from time served and has vowed to appeal his sentence. .The mitigating factors were he had no prior criminal record, expedited the trial by agreeing to facts, and has helped poor people. The aggravating factors were the incident happened while he was under a court order and has not expressed contrition. .Krinke concluded by saying Pawlowski would not be going back to jail. .“Pastor Artur said he was willing to go to jail for his actions, but his conduct afterwards suggested that he wasn’t,” he said.
