Two Edmonton men faced hefty fines聽after both pled guilty to entering an area that was closed for the protection of Jasper National Park鈥檚 dwindling caribou herds.
The fine is substantially more than the $1,500 fine six people received earlier this year after pleading guilty to similar offences.
According to the crown prosecutor, on Jan. 26 Denver Moody, Paul Sopcak and Sopcak鈥檚 young daughter were caught coming out of the Bald Hills Trail. According to the Crown, the three ignored two closure signs and passed tape closing access to the trail.
Cameras installed in the area alerted park wardens that someone had passed the closure. Upon arrival, warden Joe Storms found fresh tracks. He waited at the trailhead until the group came out.
After being questioned, the Crown said the group indicated聽they were not aware of the closure.
鈥淭hey aren鈥檛 proud of that,鈥� said defense counsel Laurie Rodger. 鈥淭hey knew that they were doing something wrong, but they didn鈥檛 know the closure had something to do with an endangered species.鈥�
According to Rodger, the group saw the sign, but failed to read it.
鈥淭hey don鈥檛 dispute culpability. They just disagree that they should have to pay five times the amount as other people.鈥�
鈥淓verything in this current case is the same as those cases,鈥� Rodger said. 鈥淭here is no evidence that the caribou were harmed鈥攏othing makes this worse so my clients should be treated equally for the same crime.鈥�
Their case was heard in Jasper Provincial Court, Aug. 25.
In the winter Parks Canada closes access to the Tonquin, Maligne-Brazeau and North Boundary areas to protect聽 the park鈥檚 endangered caribou herds.
According to Parks, human made tracks give wolves鈥攖he caribou鈥檚 primary predator鈥攁n unnatural advantage, allowing them to reach caribou in alpine areas.
鈥淚n defence of my clients I think Parks Canada could improve its signage. If you鈥檙e going up there then there should be a few signs in the parking lot and at the start of the trail,鈥� Rodger said. 鈥淚n this case you鈥檝e got a warning on the last sentence of a sign that was hidden away out of sight.
鈥淚t鈥檚 not very obvious to people and that鈥檚 certainly the case with my clients鈥攊f they had of known then they wouldn鈥檛 have done it.鈥�
Rather than place the blame on Parks, Crown prosecutor Dawn Poskocil argued that if the penalty for this crime were more severe people would be less likely to disobey the closures.
鈥淚 would suggest that these men are upper middle class and they need more than a slap on the wrist,鈥� Poskocil said.
In rebuttal, Rodger said that he believes $1,500 is enough for people to 鈥済et the message.鈥�
鈥淔ifteen hundred dollars is pretty substantial and all the cases have been in the local papers. I think that鈥檚 enough to be taken seriously,鈥� Rodger said. 鈥淚鈥檇 be very surprised this winter if you see any more of these cases because word has gotten out.鈥�
After two hours of debate, Judge D.C Norheim said he would need more time to consider the penalty for the men.
鈥淭here are issues here and I want time to consider all the material given. It strikes me that the primary issue here is what is the appropriate penalty,鈥� Norheim said. 鈥淚鈥檒l consider the evidence ... And decide whether it鈥檚 appropriate to increase the penalty in this case to be more than the others, who committed the same offense or similar offenses during a similar timeframe.鈥�
The case will be back before the court on Dec. 8.
Kayla Byrne
[email protected]
