Two experienced backcountry skiers from B.C., each charged with one count of engaging in restricted or prohibited activities, made their first appearance in a Revelstoke Provincial Court on Wednesday, July 2.
Adam Michael Leighton Connor and Aidan Brad William Faught told the court that they had mistakenly entered Glacier National Park's West Rogers Winter Restricted Area during avalanche control closures last April and appeared to be "remorseful" for not familiarizing themselves with the situation.
The Fernie-based friends brought extensive backcountry experience on their visit to Glacier, and according to Crown counsel, when Connor and Faught had skied in Glacier on April 5, the day before the incident, they checked the park's avalanche closure bulletin online before setting out.
However, "they did not do that on the day of the offence," Crown counsel said.
Parks Canada told simplymastery in a statement that on Sunday, April 6, a vehicle belonging to one of the skiers was found illegally parked where avalanche closures were in place. The park law enforcement officer on scene noticed human tracks leading into the winter restricted area, and after inputting the number of the valid winter park permit on the vehicle dash, pulled up a phone number and contacted the vehicle owner advising them to return immediately.
"As soon as we were alerted by the park warden, we came out right away and were compliant," Faught told the court.
He and Connor were issued appearance notices and charged under Section 7.4 of the National Parks General Regulations upon leaving the area, according to Parks Canada, but didn't have their winter permit suspended on site because "the subjects were remorseful first-time national park offenders and ski season was almost over."
"Due to the avalanche control program, all slopes in Glacier National Park adjacent to the transportation corridor are officially closed in winter," Parks Canada said. "While unfortunate, this incident serves as a good reminder about the importance of complying with the Winter Permit System — the system depends on the full compliance of its users, so users must know and understand the details."
Crown counsel stated that the two men's mistake posed a serious risk for the park, and could have triggered a road-damaging avalanche or required a complex rescue response.
"Entering prohibited areas, or restricted areas that are closed, is an offence under the Canada National Parks Act and puts Parks Canada team members, emergency responders, the travelling public and the user themselves at risk," Parks Canada explained.
Facing penalization Wednesday for engaging in restricted or prohibited activities, as per Sections 24.2 and 30.1 of the act, Connor and Faught must pay $1,000 each. Fines for entering winter restricted areas in Glacier can reach as high as $25,000, according to Parks Canada.
As part of their payment, Connor and Faught must both direct $115 of their fine to the provincial court registry and $885 to Avalanche Canada. They have 30 days to pay their fines, and were prepared to do so immediately.
"We're very remorseful of what happened," Connor told the court. "We're avid backcountry skiers and love our national parks."
Last winter season, Connor posted videos of himself and a companion skiing in Glacier, including on Dec. 15, 2024, and this past March 22 and 27.
Faught, on the other hand, is a ski patroller at Fernie Alpine Resort, who in 2022 received an avalanche career safety bursary from Fernie Trails and Ski Touring Club. This last March, he earned another bursary from the club to complete a Level 2 program with the Canadian Avalanche Association, which he'd indicated he would complete this next December.
"If anything, I think they were quite embarrassed," Justice Clarke Burnett said, noting the potential catastrophic circumstances that could've resulted for them both if Parks Canada hadn't discovered them and artillery fire for avalanche control had commenced toward where they were.
Parks Canada said that, along with having experience in avalanche terrain and self-rescue, backcountry users in Glacier must check each day which areas are open and be careful to not enter prohibited areas.
"It was an unfortunate error on both your parts that I think just slipped your minds," Justice Burnett concluded. "Enjoy the backcountry."
