Two Revelstoke-based backcountry skiers fined by the provincial court on Wednesday weren't the first pair to face penalization for entering a restricted Glacier National Park zone last winter, but they did receive a reduced penalty this time.
Margaret Elizabeth Hlushak and Matthew Charles Kotze each left the Revelstoke Courthouse on Oct. 1, with a fine of $500 for contravening the Canada National Parks Act, for accessing the park's West Rogers Winter Restricted Area last April.
Every year from November until April or May, Parks Canada runs a winter permit system that requires skiers, snowboarders and other recreationists to abide by total and temporary closures in avalanche-prone areas of Glacier.
The federal agency's priority every winter is protecting the Trans-Canada Highway corridor, and visitors venturing into inadvisable terrain risk triggering avalanches, damaging the snow pack needed for research, and being injured or killed by artillery fire used by Parks Canada to remotely trigger snow slides.
It's critical for visitors to check avalanche forecasting and the status of winter restricted areas, such as West Rogers, daily before heading into the backcountry, to know whether public access is allowed that day. For the 2024-25 winter permit season, visitors also needed an annual winter permit and parking pass to enter restricted areas.
On the morning of April 25, Hlushak and Kotze set out together into the West Rogers Winter Restricted Area, on a day of moderate avalanche conditions when the region was closed.
"It was the kind of day to assume that things were compliant," defence lawyer Nick Elson told Justice George Leven on Wednesday.
Hlushak and Kotze accessed the Lily-Dome Traverse in Rogers Pass via the Illecillewaet parking lot, but Parks Canada warden Thomas Robinson encountered their vehicle — parked there illegally during the closure — and managed to message them by 2:15 p.m., requesting that they return immediately.
"It's clear that this was an honest mistake," Elson said, noting Hlushak and Kotze had previously completed the avalanche safety quiz required to obtain their annual winter permits and parking pass. "The park warden did describe them as being both kind and cooperative."
The Crown was pursuing a $1,000 fine for both, with a substantial portion from each to be donated to the non-profit Avalanche Canada. However, based on Hlushak's and Kotze's low wages as a server and construction worker, respectively, the Crown determined that a lower penalty would be more reasonable.
Justice Leven concluded that they would both be fined $500 under Section 30.1 of the Canada National Parks Act, and expected to each pay $380 of that directly to Avalanche Canada and the remainder to the provincial court registry. Hlushak and Kotze also had their victim surcharges waived by Justice Leven and were due to pay their fines by April 2026.
"The Crown accepts this honest mistake," Crown counsel Melissa Klages told Justice Leven, reporting that Hlushak and Kotze both assumed the other had checked the park closure bulletin that April morning.
"They understand they shouldn't have assumed," Klages said. "It's a mistake they won't repeat."
The only comment Hlushak had for Justice Leven was "just that I apologize," with Kotze adding that "we're sorry for this mistake."
"Everybody agrees that this was an honest mistake," Justice Leven said, though adding that greater diligence by backcountry users will have importance for the future of Glacier's winter permit system.
In July, two experienced Fernie skiers who had visited Glacier multiple times last winter were each fined $1,000 for also entering the West Rogers Winter Restricted Area during a closure, three weeks ahead of Hlushak and Kotze on April 6.
Parks Canada reported a "busy winter" for visitor safety in 2024-25 despite lower snow levels, with 21 parties requiring rescue, 30 avalanche-related reports and a dozen incidents of people getting caught in slides.
Parks Canada has communicated changes for Glacier's winter permit system for the upcoming 2025-26 season. For example, daily winter pass holders — not just annual winter permit holders — will now have to complete the avalanche safety quiz. The existing quiz for annual visitors is also undergoing a redesign to make it more accessible for users.
Backcountry users should remember starting this November to complete the necessary quiz and print, pack and display their annual permit and parking pass before accessing the national park.
For more information ahead of the winter avalanche season, visit parks.canada.ca/pn-np/bc/glacier/visit/hiver-winter/ski.
