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.

Just Posted

Jill Mackenzie carefully replaces books on the shelves at the Houston Public Library. (Angelique Houlihan photo)
District approves annual library grant

Craft kits featured for summer reading club

The tradition of Houston Christian School grads giving Bibles to incoming kindergarten students will take place this year, but outdoors and in a modified fashion. (File photo)
Houston Christian School grad day is June 24

Grads themselves have set tone for the day, says teacher

Scott Richmond will be starting as the new vice principal for HSS and TSE. (Submitted/Houston Today)
Houston gets a new vice principal

Scott Richmond takes over from Dwayne Anderson who moved to Smithers

A Pacific Salmon Foundation grant of $3,000 is going towards the tree plantations. (Cindy Verbeek photo/Houston Today)
550 trees planted in Houston through A Rocha

Houston Christian School students and volunteers help with the tree planting

Currently the Houston station has 16 paramedics, two ambulances and one community paramedic vehicle. (File photo)
Retirement of longtime paramedics worries Houston community

“No loss of service,” assures BC Emergency Health Services

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Canadian Prime Minister Justin Trudeau is seen during a joint news conference following the EU-Canada Summit, in Brussels, Belgium, Tuesday June 15, 2021. Trudeau says Canada is on track now to have 68 million doses delivered by the end of July, which is more than enough to fully vaccinate all 33.2 million Canadians over the age of 12. THE CANADIAN PRESS/Adrian Wyld
Vaccine deliveries enough to fully vaccinate all eligible Canadians by end of July

Three in four eligible Canadians now have their first dose, nearly one in five fully vaccinated.

Chief Public Health Officer Theresa Tam listens to a question during a news conference, in Ottawa, Tuesday, Jan. 12, 2021. The number of confirmed COVID-19 cases attributed to the highly contagious Delta variant grew in Canada this week. THE CANADIAN PRESS/Adrian Wyld
Canada’s public health agency reports spike in confirmed cases of Delta variant

More than 2,000 cases of the variant confirmed across all 10 provinces and in one territory

Bella Bella is on B.C.’s Central Coast, accessible only by air and ocean. (Tom Fletcher/Black Press)
B.C. provides $22 million for Heiltsuk development on Central Coast

Elders care home project, tourism, lumber mill supported

Most Read