Revelstoke Court Fines Two Skiers $500 for Entering Closed Area

UPDATE: Two Revelstoke skiers were fined $500 each by a provincial court on October 1, 2023, for illegally entering the West Rogers Winter Restricted Area of Glacier National Park last April. This ruling highlights ongoing concerns regarding safety and compliance in backcountry areas during winter months.

Margaret Elizabeth Hlushak and Matthew Charles Kotze were penalized under the Canada National Parks Act for their actions on April 25, 2023, when they ventured into a closed zone during moderate avalanche conditions. Parks Canada employs a winter permit system from November to April to protect visitors and ensure safety in avalanche-prone regions.

In a compelling turn of events, the Crown initially sought a $1,000 fine for each skier, with part of the funds earmarked for the non-profit Avalanche Canada. However, considering their financial situations as a server and a construction worker, the court reduced the penalty to $500, with a significant portion directed to Avalanche Canada.

Parks Canada places a high priority on maintaining the safety of the Trans-Canada Highway corridor, and unauthorized access to restricted areas can trigger avalanches, posing serious risks to both skiers and the environment. As such, visitors are urged to check avalanche forecasts and closure statuses daily.

On the day of the incident, Parks Canada warden Thomas Robinson discovered Hlushak and Kotze’s vehicle parked illegally at the Illecillewaet parking lot. By 2:15 p.m., he reached out to the pair, instructing them to return immediately. Their defense lawyer, Nick Elson, argued that it was an honest mistake, noting that both skiers had completed the required avalanche safety quiz to obtain their winter permits.

“Everybody agrees that this was an honest mistake,” Justice George Leven stated while emphasizing the importance of diligence among backcountry users. Both Hlushak and Kotze expressed remorse, with Hlushak apologizing directly to the court.

This ruling is part of a broader trend as Parks Canada prepares for a busy winter season in 2024-25, having already reported 21 rescue operations and numerous avalanche-related incidents. The agency announced that for the upcoming 2025-26 winter permit season, even daily winter pass holders will need to complete the avalanche safety quiz.

As winter approaches, backcountry enthusiasts are reminded to secure their annual permits and parking passes, ensuring they can safely enjoy Glacier National Park without risking penalties. For the latest updates on avalanche safety and access regulations, visit the Parks Canada website.

Stay tuned for more developments on this story as authorities ramp up efforts to ensure visitor safety in the backcountry.