Wildfire Crime

Year
2018
Number
B98
Sponsor(s)
Quesnel

Whereas in the wake of BC wildfires, many reports were made of persons illegally accessing restricted fire zones and in particular vulnerable evacuation zones to commit wildfire crime including trespass, vandalism, looting, theft of personal property, theft of wildfire fighting equipment and supplies and impersonation of wildfire or emergency personnel fire marshals; And whereas the BC Emergency Act and the Criminal Code of Canada are in need of strengthened language and provisions to specifically and appropriately target and prosecute perpetrators of wildfire crime, including crime which potentially threatens firefighter life and safety; And whereas penalties appropriate to the severity of such criminal activity in fire zones and vulnerable evacuation zones would enable and provide for meaningful prosecution and conviction, as well as providing a strong and effective deterrent to persons considering such crime: Therefore be it resolved that the provincial government and federal government be encouraged to take whatever actions deemed necessary to enable and provide for more appropriate and meaningful penalties for such wildfire crime andor other similar emergencies situations.

Provincial Response

Ministry of Forests, Lands, Natural Resource Operations and Rural Development During the summer months, the enforcement of wildfire legislation is a top priority for the Ministry of Forests, Lands, Natural Resource Operations and Rural Developments Compliance and Enforcement Branch. Although many of the illegal activities fall under the Criminal Code, the branchs Natural Resource Officers actively enforce wildfire-related provincial legislation and investigate alleged infractions in collaboration with the BC Wildfire Service, the Conservation Officer Service and local police agencies such as the RCMP. Natural Resource Officers invest significant resources in patrolling areas around wildfires and enforcing area restriction orders that allow firefighters to do their work effectively. Fines and penalties associated with contraventions of wildfire-related legislation serve as effective deterrents to irresponsible behaviour. In March 2016, the B.C. government significantly increased the fine amounts for 19 different violations under the Wildfire Act and another seven violations under the Wildfire Regulation. Legislative changes made in 2016 as part of Bill 12 were aimed specifically at people who interfere with firefighting efforts, in an effort to ensure that firefighting personnel can do their jobs without any unnecessary additional risks e.g. people operating watercraft where airtankers are scooping up water. Ministry staff will continue to work hard to educate the public about the need for wildfire regulations, and to raise awareness of the potential consequences of not abiding by applicable legislation. Members of the public are encouraged to report any wildfire-related violations to the Natural Resource Violation reporting line at 1 877-952-7277, or 7277 on a cellphone.

Federal Response

Minister of Public Safety and Emergency Preparedness The Government of Canada is acutely aware of the effects of climate change on natural disasters, including increased forest fires and flooding. As you have pointed out, there may, unfortunately, also be an increase in opportunistic crimes, such as trespassing, vandalism, looting, theft, and impersonation of peace officers. While the Government of Canada supports initiatives to reduce crime, the current legal and justice structures in place must firstly be allowed to address the issues surrounding sentencing and increasing penalties arising out of emergencies. The Government of Canada must defer to the Provincial Court systems to provide guidance in sentencing and penalties arising out of these crimes at this time until as such there is sufficient evidence to suggest that the sentencing and penalties are insufficient in deterring these activities.

Convention Decision
Endorsed