Driver who nearly hit protesters found guilty of dangerous driving

A man who drove onto the sidewalk adjacent to the BC parliament building and nearly hit 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 December 3, 2023, when he noticed a van with a sign that read “Free Palestine.” That afternoon, a protest in support of the Palestinians was held on the parliament grounds.

Four videos submitted as evidence at the four-day trial showed the incident, which began with Johnson standing on Menzies Street and Omar Babili crossing the street in front of him, wearing a high-vis vest and waving the Palestinian flag.

After Johnson yelled at passengers in the van and another man, the videos showed Johnson making what BC Supreme Court Justice Gareth Morley called a “sharp, sudden and unexpected turn” from Menzies Street onto the sidewalk, and Babili quickly moving out of the path of the vehicle. It showed that he was coming out.

Morley noted that the background of the incident was public debate about the violence in Israel and Gaza, but the case was not related to this debate. He said everyone in Canada has the freedom to peacefully express their point of view.

“I want to emphasize at the outset of my analysis that Mr Johnson was not judged because he had poor anger management skills or was obnoxious. “In that respect, he is not being prosecuted for racist or bullying behavior,” Morley said.

He said what was important in the case were the actions he took with his car and the intent behind those actions.

The issue is whether the Crown has proven whether Johnson intended to shoot or frighten Babili and whether his driving was a marked departure from the standard of care a reasonable person would follow, Morley said.

The judge stated that it was clear from the videos that a reasonable person could perceive Babil as being at risk, noting that Babili expressed that he was afraid and continued to feel traumatized by the incident.

While Johnson, who testified at his own trial, adamantly denied trying to shoot Babili, Morley realized he had intended to intimidate or threaten him.

He reached that conclusion based on a statement made by Johnson, captured on video, shortly after nearly striking Babylon, suggesting that similar things happen to Jewish people all the time at the hands of Palestinians or people who support Palestine.

“This is a confession,” Morley said.

He said it was not reasonable for Johnson to accidentally mention bad driving.

“There must have been a reference to violence or terrorism. Mr Johnson clearly intended to intimidate Mr Babili,” Morley said.

Morley found that Johnson was not completely honest and was “not a smooth liar either”, claiming that at one point he believed Babili had directed him to get onto the pavement.

Johnson admitted on cross-examination that if Babili had not moved, Johnson would have hit him. He then said that Babil was probably a football player. “Most of these guys are football players,” he said at the hearing.

Morley realized that this seemed like a racist stereotype and was justification for his action because Johnson believed Babili could quickly get out of the way.

“This is a thought that would only come to Mr Johnson’s mind if he wanted to scare Mr Babili but did not actually want to hit him,” Morley said.

A sentencing date has not been set.

Crown prosecutor Tim Stokes stated that he did not want to be imprisoned.

Johnson’s attorney, Peter Firestone, requested that a psychiatric evaluation be prepared before sentencing.

Firestone told the court he had known Johnson for a long time and that he had changed over the past 15 years.

“His heart is good,” he said. “There’s definitely something going on here.”

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