B.C. man pleads guilty to hunting from vehicle, other Wildlife Act charges

B.C. man pleads guilty to hunting from vehicle, other Wildlife Act charges

James Wiens pleaded guilty to baiting an animal, feeding or attempting to feed dangerous wildlife and hunting from a motorvehicle.

Conservation officers went undercover to investigate a South Okanagan hunting guide outfitter who now potentially could be fined upwards of $30,000 for Wildlife Act offences.

James Wiens pleaded guilty to baiting an animal, feeding or attempting to feed dangerous wildlife and hunting from a motor vehicle when Crown and defence could not agree on what information they wanted Judge Michelle Daneliuk to weigh in her decision.

In the joint agreed statement of facts Crown counsel John Blackman said conservation officers from Washington State and Idaho went undercover contacting Wiens, operator of Vaseux Creek Outfitters, in 2016 about setting up a black bear hunt. The officers told Wiens one of them would be hunting, the other was tagging along to take photos with his friend. Wiens claimed a 100 per cent success rate on his hunts and a contract was signed between the parties at the rate of $4,000 U.S. plus the hunting license fee and about $100 a day for the friend to come along.

Related: Two charged for feeding B.C. bear Tim Hortons timbits

Wiens told the undercover officers that he knew places that the bears come to like “clockwork” everyday. According to Crown counsel, on May 9, 2016, the officers went out on the hunt and noted that an assistant to Wiens said in front of them that he had put out two bags of dog food.

“At 10 a.m., the undercover operators observed Mr. Wiens pouring a semi-thick brownish liquid out of a red gas can onto some old logs,” said Crown.

Over the next hour, the operators were taken to two baiting sites, which they noted smelled like fried chicken, and the two observed signs of grease saturation on logs. Photos of Wiens and his assistant baiting the sites were submitted as evidence.

Related: Bear conflicts keep B.C. Conservation Officers busy

Later that morning, Wiens asked the non-hunting friend to pass him the .17 calibre rifle in the truck and he was observed shooting outside the driver’s side window. While the Crown argued that Weins’ target was a large animal, believed to be a horse, the defense said that was not an agreed upon fact.

On the second day of hunting at 7:45 a.m., the trio came across a black bear feeding at one of the baited sites. Wiens instructed the undercover officer to shoot the bear and it was killed at that site. In addition over the course of a few days, operators saw Wiens dumping out dog food, placing bait and pouring out fryer grease at several sites.

Crown counsel was asking for the judge to consider a global fine on the three counts of $25,000 to $35,000, as well as, the forfeiture of the seized .17 calibre rifle, its ammo and a Polaris ATV.

“Mr. Wiens being a guide outfitter was in a position of trust. His activities take place in the backwoods of the province, and the province is vast. It takes a person of character not to be tempted to break the rules. The crown says it is ironic that in the contract he sent out, that all hunts will be pursuant to the Wildlife Act,” said Crown counsel Blackman.

While Crown argued that fines could be upwards of $100,000 and one year in jail, defence lawyer Kevin Church provided case law of fines as low as $230 and noted that it is not illegal to hunt black bears and they are not a endangered species.

Church insinuated that Wiens felt rushed to ensure the undercover officers had a successful hunt because they told him at some point that one of their grandmother’s had fallen ill and they needed to leave sooner than expected. That is the reason why he had chosen to use the bait. It was a inference that Crown counsel took issue with as there was no submissions into evidence that it induced the illegal acts and he alleged there is information that this was not the first time Wiens used these hunting tactics. Church denied that allegation and said Crown had also not submitted any evidence to prove that.

Church is asking for a fine in the range of $10,000 and forfeiture of the rifle.

Daneliuk ordered the two sides to speak further to resolve what information they are providing to her as evidence for sentencing in their joint submission and they will return in early December to fix a date for sentencing in early 2019.

To report a typo, email: editor@pentictonwesternnews.com.


@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Maple Ridge’s Bruce Coughlan. (Special to The News)
Robbie Burns day to be feted virtually by Maple Ridge musician

Bruce Coughlan will hold virtual concert in Campbell River theatre in honour of Scottish bard

Naturally Splendid employees working at a flow wrapper station at its facility in Pitt Meadows (Special to The News)
Plant-based Pitt Meadows business pivots during pandemic

Naturally Splendid partners with Australian company on bringing meat substitute to Canada

Submit letters to the editor through our website, via email or in writing.
LETTER: Resident sad to see worsening Maple Ridge litter problem

A local letter writer said her concerns have fallen on deaf ears

Gordy Robson. (Contributed)
The intersection at Harris Road and Lougheed Highway (Google)
LETTER: Pitt Meadows resident wonders why traffic signals not updated

A local man has contacted the city and road contractor with concerns to no avail

Justin Kripps of Summerland and his team have competed in Olympic action and World Cup competitions in bobsleigh. (Jason Ransom-Canadian Olympic Comittee).
QUIZ: Are you ready for some winter sports?

It’s cold outside, but there are plenty of recreation opportunities in the winter months

Alberta Energy Minister Sonya Savage addresses the attendees while Tom Olsen, Managing Director of the Canadian Energy Centre, looks on at a press conference at SAIT in Calgary on Wednesday, Dec. 11, 2019. THE CANADIAN PRESS/Greg Fulmes
‘Morally and ethically wrong:’ Court to hear challenge to Alberta coal policy removal

At least 9 interveners will seek to join a rancher’s request for a judicial review of Alberta’s decision

Pindie Dhaliwal, one of the organizers for the Surrey Challo protest for Indian farmers. She says organizers were told by Surrey RCMP that the event was not allowed due to COVID-19. Organizers ended up moving the protest to Strawberry Hill at the last minute. (Photo: Lauren Collins)
Indian farmers rally moves as organizers say Surrey RCMP told them they couldn’t gather

Protest originally planned in Cloverdale, moved to Strawberry Hill

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will harm struggling tourism sector, says industry coalition

B.C. government would have to show evidence a travel ban is necessary

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

sdf
Another Mission student arrested for assault, in 2nd case of in-school violence this week

RCMP notified of local Instagram page with videos (now deleted) showing student assaults, bullying

(Photo by Kevin Hill)
40 cases linked to Surrey Memorial Hospital COVID-19 outbreak

Fraser Health says two death are associated with the outbreak

Most Read