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

COVID-19. (Courtesy of CDC).
Interior Health reports 12 additional COVID-19 cases

The total number of cases in the region is now at 644

Carmen Hintz poses with the four kittens she rescued. Paul Rodgers photo.
WATCH: Kimberley local rescues four kittens, starts fund to help others

Kimberley local Carmen Hintz has found her house to be a little… Continue reading

The house is located near two schools. Photo: Connor Trembley
Dog attack seriously injures young boy in Castlegar

Despite investigating the incident, city staff aren’t confirming if the dog has been put down

Nicole Cherlet, NDP, Samson Boyer, Green, Doug Clovechok, BC Liberal.
B.C. VOTES: Columbia River Revelstoke candidates debate one last time

Candidates discuss issues like affordable housing, healthcare, pandemic recovery

Above is a planning map that shows up-to-date cutting areas, reserve areas, trails, roads and landings. KNP file
Kimberley Nature Park logging imminent

In the area of Shapeshifter, Thunder Turkey, Mr. Toad, Jimmy Russell Road, the Front Boulevard, the Army Road and Bear Trail.

Actor Ryan Reynolds surprised a Shuswap family with a special birthday message to their son who was worried he’d be alone on his 9th birthday on Nov. 24. (Tiffanie Trudell/Facebook)
Ryan Reynolds text almost gives away Shuswap boy’s birthday surprise

Deadpool actor helps remind eight-year-old Canoe resident he’s not alone

Vancouver police reactivated the search for Jordan Naterer Thursday Oct. 22. Photo courtesy of VPD.
Mom of missing Manning Park hiker believes her son is waiting to come home

‘He’s going to come out of a helicopter and say ‘what took you so long?”

Environment Minister George Heyman, Premier John Horgan and Energy Minister Michelle Mungall announce that B.C. Hydro is proceeding with construction of the Site C dam, Dec. 11, 2017. (Tom Fletcher/Black Press)
Site C actions, costs won’t be known until after B.C. election, Horgan says

Peace River diverted for construction of reinforced dam base

One of the squirrels who ended up having their tails amputated after getting them stuck together with tree sap. (Facebook/Wild ARC)
Squirrels recovering from tail amputation after sap situation near Victoria

BC SPCA Wild ARC says squirrels will be released back into wild, fifth sibling was euthanized

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Lower Mainland man sees significant spike in BC Hydro bill after buying electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

The Anonymous YVR is an Instagram page that reviews restaurants and other establishments around B.C. based on how well they adhere to COVID-19 rules. (Instagram)
Anonymous Instagram page reviews COVID-19 safety measures at B.C. businesses

There are a number of public health orders various types of establishments must follow to slow virus’s spread

Most Read