Hospital check-in delays B.C. Freedom Rally organizer's sentencing

A Kelowna Freedom Rally organizer's sentencing has been delayed due to a sudden medical emergency.

A small crowd of supporters waited for David Lindsay to appear in a Kelowna courtroomfora 9:30 a.m. hearing.

However, Lindsay's partner,Bettina Engler,informed the court he was in hospital and had checkedinto theemergency room early in themorning after reportingintestinal pain.

Thissentencing, in what was to be the final day and chapter of a trial that began more than 16 months ago, was delayed and will be rescheduled onFriday.

Judge orders doctor's note

Police were sent to Kelowna General Hospital and confirmed Lindsaywas admitted, and observed he was "in pain," receiving an intravenous drip, but "stable."

At Judge Cathaline Heinrichs's request, medical staff provided Engler with a doctor's note confirming his condition.

"The doctor has indicated that he has an acute medical condition that requires hospitalization for 24 hours, potentially longer," Heinrichstold the court, reading the doctor's note.

Engler told Heinrichs that Lindsay's"voice is still hoarse, and he's still in pain"but that hewas cognitive and awake.

Heinrichssuggested Lindsay's sentencing could be done by cellphone video from hospital.

However, prosecutor David Grabavacargued that the Crown wished to ensure as much fairness as possible.

"Given the fact we've got a letter from the doctor, albeit it's a little bit vague as to what it is, the doctor says he's going to be in there for 24 hours. I'd be reluctant to proceed just on the basis of fairness for him in that way," Grabavac said.

"Quite frankly, it'd be one less ground for appeal."

16-month-long trial beset by delays

In December, Lindsay was found guilty of two counts of assault caused while trying to enter an Interior Health building during an August 2021protest.

He was one of the leaders of the Okanagan Freedom Rally,which held regular demonstrations against government mandatesand health-care policies during the COVID-19 pandemic.

Lindsayhas a long history of court dealings, making pseudo-legal arguments tochallenge various aspects of tax legislation and the authority of the Canadian state and the courts. In 2006, he was declareda"vexatious litigant"in the Supreme Court of B.C., meaning he cannot commence legal proceedings in any B.C. court without prior approval.

His criminal trial has faced repeated delays, rescheduling and extensions for issues arising from Lindsay's self-representation in court, tactics and arguments.

At the start of his trial on March 2, 2023, awarrant was issued for his arrest after he initially refused to enter the courtroom.He refused to enter a pleaand said he would not participate in the trial.

Heinrichslater dismissed twoapplications Lindsay brought forward during his trial including a constitutional application challenging Canada's RCMP Act.

Heinrichs also found Lindsayin contempt of court for comments he made to the judge during a hearing in June 2023.

Duringsentencing, Grabavactoldthe court the maximum sentence for assault is two years in prison, and he intends to argue that a prison sentence iswarranted in thiscase.

On Wednesday, Grabovac informed the court that Lindsay is expected to file applications challenging some possible sentencing punishments,including any court-orderedmonitoring.

Lindsay has already filed an appeal of thisDecember 2023 assault conviction.

That appeal is scheduled to begin later this month in Kelowna.