A man who piloted a drone in the vicinity of a wildfire in Jasper National Park has been handed down a $10,000 fine.
Judge Jeffrey Champion issued the penalty for the contravention of the Canadian National Parks Act during Provincial Court hearings on December 8.
“It could have been a tragedy,” Champion said after hearing the circumstances of the case.
The court heard that on the afternoon of September 6, Parks Canada law enforcement officials received a report from Jasper National Park dispatchers that a drone was being piloted near Jasper Lake, approximately 30 kms from the Jasper townsite. The wardens discovered a group of five males; they confirmed Rajwinder Singh was the owner of the drone and had been flying it, taking photographs of the group.
“He was not aware of drone regulations or the fact that he was in Jasper National Park, despite the signs,” said lawyer Dawn Poskocil of the Public Prosecution Service of Canada.
The use of drones is regulated by Transport Canada. Under Transport Canada’s aircraft access regulations, no aircraft may fly within a roughly 9 km radius of a wildfire. Additionally, under the Canada National Parks Act, it is illegal to fly a drone in Jasper National Park.
Poskocil told Judge Champion that at the time of the event, an active wildfire was being actioned by Parks Canada.
“Ongoing helicopter bucketing was less than five kilometres from where Mr. Singh flew his drone,” she said. “The helicopters had to be grounded for more than one hour.”
The result of grounding the machines not only impeded the suppression of the Chetamon Mountain wildfire, it also removed an aerial lookout for firefighters and it hindered the ability for crews to be evacuated in case of an emergency, the court heard.
“The need for deterrents is important in this case,” Poskocil said.
Judge Champion agreed, but wondered if there was sufficient public messaging from the federal agency on the fact that drone usage is illegal in a national park.
“I would hope the government would take steps to advise people on the size of the fines,” Champion said. “Most people would be shocked.”
The maximum fine for an offense of this nature is $25,000.
Singh’s drone and memory cards were forfeited to the crown. He was given until June 8 to pay the $10,000 fine.
“It occurs to me that of all of the possible outcomes on that day, this would be the least serious,” Champion said.
A total of four separate charges were laid by Parks Canada law enforcement during the Chetamon Mountain wildfire. Some of those cases have been deferred to future court dates. Stay tuned to The Jasper Local for details.
Bob Covey // bob@thejasperlocal.com