Supreme Court of B.C. overturns $60,000 fine issued to Whistler woman for feeding bears

Provincial court judge appeared to consider woman's financial position as a reason to increase the penalty, Supreme Court justice finds

A Supreme Court of B.C. judge has ruled a $60,000 penalty levied against a Whistler woman for feeding bears was excessive.

According to a recent decision from Justice Miriam Gropper, in July 2018 an anonymous complaint was lodged on the Report All Poachers and Polluters hotline stating bears were being fed at a property on the 2900-block of Ancient Cedars Lane in Whistler.

Two months later, two officers with the B.C. Conservation Officer Service visited the property and spoke to one of the owners, who advised them that there were five black bears on the property (comprised of a sow and two cubs and two yearlings).

The conservation officers were unable to scare the bears away, and ultimately the sow and cubs were tranquilized and destroyed.

One of the property owners, Zuzana Stevikova, admitted to feeding the bears, claiming she was doing this to prevent them from going into town to eat after which they could be destroyed.

She pleaded guilty to two charges under the Wildlife Act related to feeding bears at her property from June to August of 2018.

Stevikova’s lawyers and Crown counsel presented a joint submission to B.C. provincial court judge Lyndsay Smith in the case, stating a fine of $1,000 and a $9,500 donation to the Habitat Conservation Trust would be an appropriate penalty.

However, in September 2021 the judge ignored this, instead imposing a penalty of $60,000 – comprised of a $1,000 fine and a $59,000 donation to the charity.

Stevikova challenged this ruling, leaving the decision in the hands of Justice Gropper.

Gropper said the judge had made findings of fact that were not supported by the agreed statements of facts and “fashioned a sentence based on her extrapolations of the facts before her.”

She also said Smith had “erred in principle by employing irrelevant factors and overemphasizing relevant factors” and concluded the sentence imposed was far from the range of sentences imposed for similar offences or acts.

Gropper went on the say the judge also appeared to consider Stevikova’s financial position as a reason to increase the penalty.

The home where the bears were being fed was sold in January 2021 for $15.5 million.

Gropper changed the penalty to $10,500, as was originally suggested by Crown.