A judge found Tim Coderre guilty of dangerous driving Tuesday for his actions involving two city police officers in a Beer Store parking lot nearly two years ago.
Ontario Court Justice Dana Peterson concluded the 61-year-old self-represented accused was driving aggressively, and his actions on June 29, 2021 were deliberate.
"He was obviously angry, and his anger overcame good judgment."
The crux of the case is whether his driving was a marked departure from what a reasonably prudent driver would do, the judge said.
She pointed to the circumstances surrounding his driving: it occurred in a parking lot, with people lined up outside the store at a busy time of the day.
Coderre's decision to drive quickly was an intentional action. He put his foot on the gas and veered to the left.
This is a marked departure from the norm and it required both Coderre and one of the officers to take evasive actions, she said.
Coderre, who had a medical exemption from wearing a mask, had been Involved in a heated exchange with a store employee.
Peterson noted he had admitted he was angry and frustrated and clearly felt his actions were justified.
This doesn't answer why he felt entitled to unleash his anger on staff and the police officers, she said.
During a two-day trial in January, court heard that officers were called to the Bruce Street store about a "highly agitated" customer who was refusing to wear a mask.
After speaking with Coderre, they indicated he could leave the parking lot. He put his van in reverse and revved it at a high rate of speed, placing it between their police vehicles.
He then shifted into gear and again accelerated, nearly hitting a cruiser and forcing one of the officers to "jump back."
When Coderre took the stand in his own defence, he maintained the officers had put themselves in harm's way.
He denied he was driving at a high rate of speed and accused the officers of targeting him.
"I did what I did for safety reasons and nobody got hurt."
On Tuesday, after hearing sentencing submissions from the Crown and accused, Peterson granted Coderre a conditional discharge, placing him on probation for 12 months.
A judge can only grant a discharge if it's in the interest of the accused and not contrary to the public interest.
If Coderre complies with the conditions there will be no conviction registered against him and he won't have a criminal record.
During his probation, he must make a $500 donation to the Sault Area Hospital, complete 40 hours of community service and take any recommended counselling.
A driving prohibition is discretionary and not mandatory for this offence, Peterson said, noting his actions occurred for a few seconds.
She opted not to impose the restriction because Coderre is a caregiver for his wife and brother-in-law.
Prosecutor Blair Hagan had argued that the offence called for a custodial sentence.
Noting Coderre's family commitments, she indicated she wasn't seeking real jail, but "jail to be served in the community — six months house arrest."
Hagan also called for a two-year driving prohibition, suggesting he should be punished for his conduct.
"His driving conduct was inappropriate," she said. "He should lose his driving privileges for that conduct."
The assistant Crown attorney cited the need for general and specific deterrence.
"It suggests we take these offences seriously" and tells Coderre his conduct is not acceptable.
This "essentially boils down to mere seconds of driving" at a high rate of speed and making a dangerous manoeuver, Hagan said. "He let his anger get the best of him."
When Coderre made his submission, he spent nearly 40 minutes re-arguing his case.
He painted himself as a victim, harassed by police because of his involvement in earlier anti-mask events at Bellevue Park, where all they were doing was "eating hamburgers and hot dogs" and singing the National Anthem.
"I lead an exemplary life and I get pulled over."
The officers conspired against him, he said, accusing them of stealing his phone and deleting evidence from it.
Often speaking of himself in the third person, and raising his voice, he said "they were determined Tim Coderre would get arrested."
"They never let up on Tim Coderre."
When he started referring to events in Germany in 1939, Peterson told him: "I've given you a lot of latitude about why you feel victimized and persecuted."
She asked him to tell the court his sentencing position.
Referring to his "unblemished record," Coderre said he's "gone through adversity, hardship and trauma" and "I'm hoping you consider a discharge."