Kelowna realtor who flew drone in wildfire zone looking at steep fine

A helicopter pilot collecting water to put on wildfires that raged around Kelowna in 2023 tried on two occasions to douse a drone flying on the lake.

The pilot originally thought it was a bird, but got irritated when he realized what it was. 

After a couple of attempts to douse the drone, the chopper pilot collected water and flew off, and headed six kilometres away to deal with the destructive fire.

The drone owner and pilot was Kelowna realtor Derek Leippi, who flew the drone back into his hand.

Moments later, two BC Conversation Officers came over in a boat, and Leippi was later charged with operating equipment in a manner that interfered with fire control.

It was late August 2023, and the McDougall Creek wildfire had just ripped through parts of West Kelowna and destroyed the Okanagan Lake Resort.

He pleaded not guilty and argued his case at trial.

After being charged, he told iNFOnews.ca he’d made a “simple mistake.”

On Feb. 9, BC Provincial Court Judge Cathie Heinrichs ruled on his case.

The judge said he could be acquitted if he could prove he had a mistaken belief and that he acted reasonably.

“Mr. Leippi was aware that there was a helicopter with a 200-foot line and a bucket attached, scooping up water from the lake. A reasonable person would put those pieces together and understand that neither his boat nor the drone should be in the area,” Judge Heinrichs said.

The court heard how, in late August 2023, Leippi had been on his boat and headed to the Okanagan Lake Resort, which had recently been destroyed. He took his drone out to film the place. He’d been out of town for a few days and didn’t realize the area was still considered a wildfire zone.

He said he saw no smoke coming from the resort.

In court, Leippi didn’t deny that he was using a drone, but argued he was unaware he was in an active firefighting zone.

However, the Judge ruled the conversation officers had originally asked him to move his boat before they realized he had a drone.

“A reasonable person would have made inquiries about the status of the fire and whether there was any ongoing firefighting activity. Information was readily available on the news and online. When Mr. Leippi heard and then saw the helicopter, he should have understood its purpose,” the judge said.

The judge said that he moved his boat when asked by the conservation officers, but he didn’t mention the drone.

“Mr. Leippi may say that he was attempting not to interfere with the helicopter by keeping the drone stationary and out of the way… but this was not sufficient to prevent the harm. The pilot was nonetheless distracted by the drone, causing the interference,” Heinrichs said.

The judge found him guilty.

“I do not accept that he had a mistaken belief in the facts, nor that he took all reasonable steps to avoid the harm. Even if he was unaware of the firefighting efforts when he first started his boat trip and filming, at the point when the officers first asked him to move his boat, he was on notice of the firefighting operations and should have immediately retrieved the drone, not simply lowered it and maintained it in flight,” Heinrichs said.

Crown prosecutors are looking for a fine of between $12,000 and $15,000.

Leippi will be sentenced later this month.