B.C. woman successfully appeals $60K fine for attracting, feeding bears
A B.C. woman who was fined $60,000 for attracting black bears to her property and feeding them bulk produce has successfully appealed the steep financial penalty.
On Dec. 1, Zuzana Stevikova was ordered to pay a reduced fine of $10,500, according to a court decision posted online Friday.
The province's Supreme Court found the judge who handed down the original sentence was wrong to impose a fine nearly six times as large as the one recommended in a joint submission by Crown counsel and the defense.
THE OFFENCES
The case against Stevikova dates back to the summer of 2018, the court heard, when the BC Conservation Officer Service received an anonymous complaint that someone had been feeding bears on a Whistler property "for a considerable amount of time."
When officers visited, they saw a mother bear in the driveway and two cubs in a nearby tree, according to an agreed statement of facts presented at Stevikova's initial sentencing hearing,
"The bear was approaching the house with caution and appeared habituated to people," the court documents say.
An attempt to "haze" the adult bear was unsuccessful but all three of the animals were taken off of the property after being tranquilized. The bears were euthanized because the BCCOS determined they had become too habituated to people, too reliant on humans for food, and ultimately posed a "public safety risk."
THE GUILTY PLEA
In 2021, Stevikova pleaded guilty to two offences under the province's Wildlife Act. The BCCOS' investigation had found evidence she fed the bears over two summers, including that she had purchased "10 cases of apples, 50 pounds of carrots and pears, and up to 15 dozen eggs - all on a weekly basis." Bear excrement found on the property was consistent with the animals having eaten at least some of these foods.
In addition, the court heard, she admitted to feeding the bears and naming at least one of them, saying she did so because "she felt the bears needed help, looked skinny and she was concerned for their welfare."
THE ORIGINAL SENTENCE
The main reasons for the harsh penalty imposed, according to the sentencing judge, were the deliberate and repeated nature of the offences and the risk posed to both the bears and the public.
For attracting dangerous wildlife to her property, Stevikova was ordered to pay a $500 fine and make a donation of $34,500 to the Habitat Conservation Trust Foundation. For feeding dangerous wildlife, she was ordered to pay a $500 fine and make a $24,500 donation to the same charity.
THE REDUCED SENTENCE
Justice J. Miriam Gropper, in striking down the initial penalty, said overriding a joint submission on sentencing can only be done in narrow circumstances.
The legal threshold for doing so is that a judge finds the proposal "so unhinged from the circumstances of the offence and the offender" that it would cause reasonable, objective observers to "believe that the proper functioning of the justice system had broken down."
Gropper found that the strict criteria was not met in the case.
Further, Gropper said the sentence was not a fit one given the circumstances.
"The sentencing judge has erred in principle by employing irrelevant factors and overemphasizing relevant factors," the decision reads, saying one thing the sentencing judge repeatedly overemphasized was the "foreseeability of the bears being euthanized."
In addition to not fitting the circumstances of the particular case, Gropper found the sentence was out of line with the range of sentences imposed in other, similar cases.
The decision means Stevikova will pay a $500 fine and make a $3,000 donation as a penalty for attracting the bears, and a $500 fine and a $6,500 donation for feeding them.
CTVNews.ca Top Stories
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
'He didn't want to die': Family of Calgary man killed in standoff speaks out
Family of a Calgary man killed after a 30-hour standoff with police last week are speaking out, sharing details of the tense and heart-wrenching experience.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.
Ohio mom who left toddler alone 10 days when she went on vacation pleads guilty to aggravated murder
An Ohio mother whose 16-month-old daughter died after being left home alone in a playpen for 10 days last summer while she went on vacation was sentenced Monday to life in prison with no chance of parole.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
5 charged in Calgary kidnappings that targeted women
Calgary police have charged five men in a pair of kidnappings last year that targeted innocent victims.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Canadian commander of volunteer fighter group dies in Ukraine
A Canadian-born commander of the so-called Norman Brigade, a volunteer fighting group in Ukraine, has died.