BANFF – A longtime Parks Canada volunteer was fined $750 in court last week after pleading guilty to entering a closed area.
Dennis Smith entered the plea to a single charge of contravening the regulations of the National Parks Act more than a year ago.
Federal Crown prosecutor Anita Szabo told Judge Les Grieve that Smith entered an area near Citadel Pass in Banff National Park on Sept. 29, 2017.
However, Szabo said it wasn’t until early this year that Parks Canada staff realized he entered the area, which was closed due to activities around the Verdant Creek wildfire, when they were reviewing a wildlife monitoring camera’s recordings.
“The trail was under closure by order of the superintendent due to the wildfire in the area,” she said. “There were several images of him. He was recognized as a volunteer.”
Smith told the judge that he was uncertain if the closure was only on the Alberta side of the border, or if it included Citadel Pass. He said he spoke with Parks Canada staff in the area to find out, but they were unclear in their responses.
“I didn’t know if it was closed on that side, as the trail runs along the B.C. border,” he said.
Szabo, however, said there was ample closure signage in the area and when Parks investigated the images of Smith in the closed area, they spoke with staff who recalled informing him and another person that “as far as the knew, the Citadel Pass closure was in place.”
The Crown submitted that a $3,000 fine was appropriate in the circumstances, especially because Smith as a Parks Canada volunteer for 17 years would be aware of how important it is to follow the rules.
Earlier this year, a Sunshine Village employee was fined $3,000 for entering an area closed due to the same wildfire in 2017.
Duty counsel Jan Taylor asked the judge for a lower fine because Smith did not blatantly disregard the closure, as he did try to find out if it was in place for the route he was attempting to take.
“I would argue he has volunteered his time to Parks Canada for 17 years and that should count for a lot,” Taylor said. “He believed the B.C. side was not closed.”
