A Kelowna, B.C., man has been convicted of interfering with firefighting efforts with a drone during the 2023 McDougall Creek wildfire.

Derek Leippi was found guilty of violating the Wildfire Act in Kelowna Provincial Court this week. The conviction stems from an incident on Aug. 27, 2023, where Leippi flew a drone from his boat on Okanagan Lake while a helicopter was in the area fighting the fire.

Speaking on the phone following the verdict, Leippi said he was unaware at the time that he was in an active fire zone.

“I know [the court] has got to treat these matters seriously and I understand that,” Leippi said.

In a judgment released on Monday, Judge Cathie Heinrichs wrote that Leippi was operating the drone in order to take video images of the ruins of Okanagan Lake Resort, which was destroyed by the wildfire.

While Leippi’s drone hovered above the surface of the lake, a helicopter was scooping water just feet away from his boat. According to the judgment, the pilot was working to douse a portion of the forest fire burning approximately four kilometers inland.

Helicopter pilot Brett Mayden testified during the trial that the drone took his focus away from his firefighting efforts. In her judgment, Heinrichs noted that Mayden’s frustration led to a confrontation in the air.

“Because it irritated him, [Mayden] decided to try to knock [the drone] out of the air, and took a small amount of water and tried to douse the drone,” Heinrichs wrote.

A ‘distraction’ from the task-at-hand

The court heard that Mayden made two attempts to douse the drone before noticing an approaching B.C. Conservation Officer boat. While Mayden testified he tries to keep emotion out of the cockpit, he told the court the drone was “irritating” and caused him stress.

“For those moments when Mr. Mayden was annoyed by the drone, his focus was no longer on the firefighting efforts,” Heinrichs wrote. “During the time he was attempting to eliminate the drone, he could have been halfway back to the fire he was helping to suppress.”

The judgment detailed how conservation officers directed Leippi to move his boat away from the resort. Leippi complied and moved the vessel, but the drone remained in flight.

Leippi told CBC News he was “in shock” during the encounter and was focused on navigating his boat as directed before he could safely land the drone.

However, Judge Heinrichs ruled that Leippi “should have immediately retrieved the drone, not simply lowered it and maintained it in flight.”

‘Reasonable person’ standard

During the trial, Leippi testified he was unaware of any active fire suppression because he saw no smoke plumes or fire near the resort at the time.

Heinrichs rejected that argument, stating it was “common knowledge that the fire was extensive, vast numbers of people were evacuated and displaced, and many people lost their homes and businesses.”

“A reasonable person would put those pieces together and understand that neither his boat nor the drone should be in the area, lest they come in the way of the forest fire efforts,” Heinrichs wrote.

Ultimately, the judge did not accept Leippi’s defence that he was mistaken about the gravity of the situation or that he had taken sufficient steps to prevent interference with the helicopter.

Leippi told CBC News he made his best effort to keep his drone out of the way when he saw the helicopter.

“I did the responsible thing from my point of view, which was to lower it as close to the water as I could and land it as quickly as I could,” he said.

While the Wildfire Act allows for a maximum fine of $100,000 and up to one year in jail, Leippi said Crown is currently seeking a penalty between $12,000 and $15,000.

The B.C. Prosecution Service declined to confirm the specific penalty it is seeking, noting that sentencing arguments will be made during the next court appearance.

Leippi is scheduled to return to court for sentencing on Feb. 24.