Canadian first: Kelowna realtor convicted for flying drone in wildfire zone

A Kelowna realtor caught flying a drone in an active wildfire zone is the first person in Canada convicted for such an offence.

Today, Feb. 24, realtor Derek Leippi appeared in a Kelowna courtroom as Crown prosecutor Rigel Tessmann argued Leippi should pay a $15,000 fine and issue a public apology.

The case dates back to August 2023, after the McDougall Creek wildfire had just ripped through parts of West Kelowna and destroyed the Okanagan Lake Resort.

Ten days after the blaze destroyed the Okanagan Lake Resort, Leippi headed across the lake on his boat, and used his drone to film the burnt-out hotel.

He had no idea the area was still considered an active wildfire zone, and his drone hovered above the water when he saw a helicopter with a bucket.

However, the drone irritated the chopper pilot who tried unsuccessfully to douse the drone with water. Leippi landed the drone back into his hand as conservation officers showed up.

“I want the court to understand that there was no malicious intent,” Leippi told Judge Cathie Heinrichs. “I was someone taking an interest in my community and recent events around me… when I arrived, (there was) no smoke, no fire, no police boats, no sign of helicopters… again, I had no intent to interfere.”

Leippi said the media coverage he received after the event had been detrimental.

“My professional reputation amongst my colleagues and the public has been damaged irreparably. The reputation I’ve spent the past nine years building has affected my livelihood and personal well-being. I’ve also experienced harassment online related to this incident because the media has sensationalized the story,” he said.

Leippi didn’t explain in what way the media had “sensationalized” the story by reporting on it.

He also submitted numerous news articles to the judge in arguing for a vastly reduced fine.

“It’s one thing to say that this is the impact that it’s had on you, but without anything that supports that, I wouldn’t evaluate that,” the Judge said.

The Crown said that while it accepted that Leippi had no ill intent when he flew the drone, he still interfered with the operation of the helicopter pilot.

Tessmann said the maximum fine was $100,000 and up to a year in jail, but without knowing Leippi’s salary is was impossible to know how much of an effect a $15,000 fine would have on him.

While Leippi was given the opportunity to tell the judge his yearly income, he didn’t, only telling the court that a $15,000 fine wouldn’t see him asking for food handouts.

“It’s just more fuel onto a fire that’s already burning… the fire being my career,” he said.

“I recognize the court’s role in promoting general deterrence, but I believe the Crown has already succeeded in its goal… high fines are for corporations, commercial operators, for deliberate repeated harm.”

Ultimately, Judge Heinrichs said she needed more time to decide on a fine and adjourned the court.