Vancouver Island man loses long fight against illegal camping ticket

After three years of delays, a Vancouver Island man lost his bid to fight a ticket he received for camping without a permit in Pacific Rim National Park.

Michael Ross Sutherland had admitted camping without a ticket in the park after a surfing trip, but objected to the ticket, claiming discrimination on the basis of poverty under the Canadian Charter of Rights and Freedoms.

Sutherland argued the $27 fee was beyond his means. Sutherland, who was living with his grandmother and on disability, claimed that outdoor recreation was essential to his mental health.

Sutherland questioned whether having a fee that is the same for everyone no matter their income was fair to those of lower incomes, a question that suggested equality rights under Section 15 of the charter be extended to include poverty. Section 15 says every individual has the right to equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Judge Ted Gouge ruled that “discrimination on the ground of poverty is neither analogous, nor is it an infringement of the rights protected by section 15 of the charter.”

Sutherland’s case was further harmed by delays. The case came before a judge in Ucluelet for hearings on April 13, 2015, again on June 1, 2015, and a third time on Aug. 10, 2015, but Sutherland failed to appear at those hearings.

The case was moved to Nanaimo, closer to Sutherland’s home, at his request. Sutherland, who could not afford to hire counsel, then argued that “the requirement for a camping permit infringed on his right to security of person under Section 7 of the charter.”

The case was adjourned so Sutherland, who was representing himself, could prepare his defence. He then failed to provide proper paperwork to the attorney general of British Columbia, including a copy of the notice required for a charter challenge under the Constitutional Question Act.

Ultimately, Gouge ruled that the total time between issuance of the ticket on June 2, 2014, and the date of the judgment was 41 months, but was primarily caused by “defence delay,” directly caused by the accused. Gouge convicted Sutherland of the offence.