A Lower Mainland resident has been fined for feeding wildlife in Vancouver’s Stanley Park more than two years ago.
Kemthong Clasby and her husband were charged in October 2021 under the B.C. Wildlife Act. The charges included feeding or attempting to feed dangerous wildlife, and leaving matter to attract dangerous wildlife to a site.
The pair in their 70s had never been in trouble with the law before and claimed to have often fed birds and other small animals as a means of relaxation.
According to their lawyer, they had no idea of the dangers feeding wildlife posed to other park users.
A joint statement of facts states that the couple left food in Stanley Park near the Stanley Park Train the same day its trails reopened to the public in September 2021 following a rash of coyote attacks on people.
From August to December that year, 45 people had reported being bitten or nipped by a coyote in the park and 11 of the animals were trapped and killed.
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The Crown sought a $10,000 penalty for the Clasbys, a $1,000 fine and $9,000 donation to the Victoria-based Habitat Conservation Trust Foundation.
The defence, however, argued that the proposed penalty was far too stiff given a lack of evidence that their actions directly contributed to issues with coyotes that year, and that pensioners have limited ability to pay the fines.
Instead, the defence proposed a $500 fine with a similar donation for the habitat fund.
The B.C. Provincial Court judge ruled that while there is no link between the Clasbys’ actions and the coyote attacks, Kemthong’s actions were intentional and led to unnecessary potential risk.
She now has a year to pay a $3,500 penalty, a $1,000 fine and a $2,500 donation to the trust fund.
According to the B.C. Conservation Officer Service, this was a rare case that took more than 100 hours of investigation time.
Simon Gravel, an inspector for the South Coast region, said he hopes the case is a deterrent to others who might be tempted to feed wildlife.
“It’s a good result and I hope it sent a strong message and makes people understand that feeding dangerous wildlife is never a good idea,” he told Global News outside the Vancouver courthouse.
“It’s important that we keep repeating this message.”
In October 2021, a Whistler woman was fined $60,000 for feeding bears in what the B.C. Conservation Officer Service called a “potentially precedent-setting case.” The fines, related to incidents in 2018, remain the highest overall penalty imposed under the B.C. Wildlife Act.
The Wildlife Act states that a person must not intentionally feed or attempt to feed wildlife, or leave an attractant on land with intent to attract wildlife. Fines can be issued for each day the offence continues.
— with files from Elizabeth McSheffrey
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