Scott Hayes | [email protected]
Local Journalism Initiative Reporter
The Edmonton man who illegally shot and possibly killed a female black bear last summer received a $7,500 fine for the offence.
He was not prohibited from either owning a firearm or from entering a national park, nor given any community service. The shotgun that was seized has been forfeited.
Serge Painchaud, a married 41-year-old welder and father of three, pled guilty at the trial that lasted one hour on Wednesday morning.
His plea and his co-operation with authorities after the incident were noted as major contributing factors to Justice Rosanna Saccomani鈥檚 decision.
She credited him for being a hard-working family man and productive citizen who had never been before the court for any previous infraction.
鈥淚 credit you, sir, enormously for the fact that you were immediately co-operative,鈥� Saccomanno said.
鈥淭o me, that鈥檚 actually more important than the fact that there鈥檚 a guilty plea. The fact that you made the phone call, you had your friends call the park warden, that you gave a full statement, and so forth, to me, that is and has the most significant weight in sentencing hearing.鈥�
Crown prosecutor Adam Karbani asked for a fine between $8,500 and $10,000 while defence lawyer Edmond O鈥橬eill asked for the minimum fine of $4,500.
鈥淎 bear, I think we can all agree, is a Park resource and the maintenance, preservation and protection of wildlife are important objectives. That鈥檚 the reason the fines are so high. It鈥檚 to drive an important point home,鈥� Saccomanno continued, saying that wildlife is sacred and that the maximum allowable fine underscores the seriousness of the offence.
Painchaud was accompanied by two friends on a hiking trip on the popular Overlander Trail to the Mount Colin Centennial Hut on Saturday, Aug. 6, 2022, according to the agreed statement of facts that was read into the Court of Justice in St. Albert. An experienced hunter, Painchaud brought his Mossberg Model 510 20-gauge shotgun and ammunition for the journey.
At one point, Painchaud became tired and turned back on his own to the Sixth Bridge parking lot. It was around noon when he encountered a female black bear about 28 to 30 metres away and across a small creek.
He fired one warning shot into the air, which temporarily startled the bear, but it did not flee. After a few seconds, it started to take steps toward Painchaud, who then fired another shot in its direction.
Upon attending the scene, Jasper National Park wardens retrieved the two shotgun shells and discovered 鈥渁 substantial amount of blood,鈥� according to the agreed statement of facts.
The trail was closed for several days afterward as both a ground and aerial search with infrared camera were conducted. The bear was not found.
Under Section 2 of the Canada National Parks Act, it is illegal to carry a firearm in a national park.
Painchaud told the court that he was afraid of bears. Justice Saccomanni said that she was too.
鈥淚 would say the reasonable person would be terrified of an encounter given how an attack by a bear can be fatal or severely injuring someone. So yes, your fear is justified, but you are, however, a hunter and you choose to be a hunter. You put yourself in situations where you鈥檙e encountering wildlife for the purpose of hunting, and you鈥檙e well aware that in those encounters, you might find a bear. But it鈥檚 a decision you make,鈥� she said.
鈥淵ou then decided to go on a hike in the Jasper National Park... knowing that, of course, there鈥檚 wildlife there. Now can you explain to me, given that you are a hunter, and obviously, you鈥檙e an outdoorsman, why you would not understand that carrying a firearm, which is prohibited in the national park, why would you not check the national park website or information of that nature?鈥�
Painchaud replied, 鈥淚 think that鈥檚 due to my own ignorance. I know that it鈥檚 legal to carry when hiking on Crown land, and I guess I had just made the assumption. I honestly had no idea that national parks carry different laws than any other Crown land. And I figured, and I鈥檝e done this many times before, right, just going on a hike on Crown land, I was carrying a firearm. So, I decided to take that because obviously it would be more effective against a predator than bear spray or bells or anything like that.鈥�
Justice Saccomanni gave him a year to pay the $7,500 fine.
鈥淭here鈥檒l be some who will view the fine of $7,500 as high. Those who live and work and enjoy the national parks will view it as low. And that really doesn鈥檛 matter to me: it鈥檚 what I view is fair in the circumstances having regard to your co-operation,鈥� she said, indicating that he had a year to pay.
The fine will go to the federal government鈥檚 Environmental Damages Fund. Created in 1995, the fund is administered by Environment and Climate Change Canada to 鈥渄irect funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit Canada鈥檚 natural environment,鈥� according to the .
It funds projects that cost-effectively restore damage to the natural environment and support wildlife conservation. Its open call for proposals ends on July 26.
According to a news release from March 2022, more fines were collected in Alberta - $1,964,328 鈥� than in any other province in 2022, although there is one stream that is split between Alberta and British Columbia that collected and distributed $1,925,104 in 2022. The next closest province was Quebec at $1,950,302 despite the population of the province being nearly double that of Alberta.
While Parks Canada wouldn鈥檛 comment on the decision, it did offer a statement repeating its messaging about public safety.
鈥淔irearms (including bear bangers, bows and other projectile weapons) are restricted in all national parks in Canada. Discharging a firearm anywhere poses a significant danger to the public,鈥� it began.
鈥淪afety is a shared responsibility. Visitors should expect and be prepared for wildlife sightings. Bear spray is both legal and proven to be more likely to stop an aggressive encounter without injury to the people involved. It is up to each Parks Canada visitor to seek out information and make well informed decisions before heading out.鈥�
The statement encouraged everyone to review the and do their own research in order to become familiar with and , including how to obtain relevant permits.
