A man who drove onto a sidewalk adjacent to the B.C. legislature, nearly hitting a pro-Palestinian protester, has been found guilty of dangerous driving and assault with a weapon.
Christopher Sura Johnson was driving on Menzies Street on Dec. 3, 2023, when he noticed a van with a sign that read “Free Palestine.” A protest in support of Palestinians was taking place that afternoon on the legislature grounds.
Four videos entered as evidence in the four-day trial showed the incident, beginning with Johnson stopping on Menzies Street, and Omar Babili, wearing a high-visibility vest and waving a Palestinian flag, crossing the street in front of him.
After Johnson yelled at the occupants of the van and another man, the videos showed Johnson making what B.C. Supreme Court Justice Gareth Morley called a “sharp, sudden and unexpected turn” from Menzies Street onto the sidewalk while Babili sprinted out of the vehicle’s path.
Morley noted that while public controversy around the violence in Israel and Gaza was the backdrop to the incident, the case was not about that controversy. Everyone in Canada has the freedom to peacefully express their perspective, he said.
“I want to emphasize at the outset of my analysis that Mr. Johnson is not on trial for having poor anger management skills or being obnoxious. For that matter, he is not on trial for engaging in racist or bullying behaviour,” Morley said.
What mattered in the case were his actions with his car and his intent behind those actions, he said.
At issue was whether the Crown proved Johnson intended to either hit or to intimidate Babili and whether his driving was a marked departure from a standard of care that a reasonable person would follow, said Morley.
It was clear from the videos a reasonable person would have perceived Babili to be at risk, the judge said, noting Babili testified he was scared and continues to feel traumatized by the incident.
While Johnson, who testified in his own trial, adamantly denied trying to hit Babili, Morley found he intended to intimidate or threaten him.
He came to that conclusion based on a statement by Johnson caught on video shortly after he nearly hit Babili, which suggested that similar things happen to Jewish people all the time at the hands of Palestinians or people supporting Palestine.
“This is an admission,” Morley said.
It’s not plausible that Johnson was referring to accidental bad driving, he said.
“It must have been a reference to violence or terrorism. Mr. Johnson is clearly saying he intended to scare Mr. Babili,” Morley said.
Morley found that Johnson was not entirely truthful and “he was not a smooth liar, either,” at one point claiming he believed Babili was directing him to turn onto the sidewalk.
Johnson admitted under cross-examination that if Babili had not moved, Johnson would have hit him. He then said Babili was probably a soccer player. “A lot of these guys are soccer players,” he said at trial.
Morley found that seemed to have been a racial stereotype and a justification for his action because Johnson believed Babili could run out of the way quickly.
“This is a thought that would only occur to him if Mr. Johnson intended to give Mr. Babili a scare but did not actually want to hit him,” Morley said.
A sentencing date has not been set.
Crown prosecutor Tim Stokes indicated he was not seeking to have Johnson's bail revoked ahead of sentencing. The Crown has not yet indicated its sentencing position.
Johnson’s lawyer, Peter Firestone, requested a psychiatric assessment to be prepared prior to sentencing.
Firestone told the court he has known Johnson for a long time, and he has changed in the past 15 years.
“He is good in his heart,” he said. “There is definitely something going on here.”
Note to readers: This story has been corrected. A previous version said the Crown was not seeking to have Johnson incarcerated. In fact, the Crown prosecutor was not seeking to have his bail revoked ahead of sentencing.
