Deer protection group wins right to lawsuit

Devin Kazakoff (left) and Vince Zurbriggen (right)

By Kristian Rasmussen
Pioneer Staff
A group that has rallied to save Invermere’s urban deer population celebrated victory in a legal battle with the District of Invermere.
A Justice for the B.C. Supreme Court ruled on May 29th that the District of Invermere cannot recover legal fees and dismiss previous legal action by the Invermere Deer Protection Society.
The Invermere Deer Protection Society is a group of Columbia Valley residents that formed in opposition to a permit issued by the province that gave the District of Invermere the right to cull up to100 urban deer.
Locking antlers with the district over Invermere’s urban deer population since talk of the cull amped up earlier this year, the anti-cull group filed an injunction and lawsuit against the District of Invermere in an attempt to halt the controversial cull action.
The cull was permitted to move ahead in February, and in response to the overhanging lawsuit, the district counter-sued the group to regain legal costs and dump the protectionists’ lawsuit.
The matter went to the B.C. Supreme Court, which brought down its May ruling, throwing out the district’s attempt to recover legal fees and dismiss the continuing lawsuit by the Invermere Deer Protection Society.
As a result, the town will not recover any of its costs relating to the case, which total close to $30,000 in taxpayer dollars, and the deer protection group is now able to pursue its lawsuit against the district.
“We started this organization to challenge the district’s decision,” said Devin Kazakoff of the Invermere Deer Protection Society. “This means that we can continue to make a difference and protect wildlife and hopefully change the way other cities and towns make their decisions about wildlife management.”
The district worked to have the lawsuit expelled on the grounds that the permit for the deer cull had expired March 15th, and therefore there were no longer legal grounds for a challenge.
The judge presiding over the case found that although the cull permit expired, Invermere council’s August 2011 decision to reduce the urban deer population to 50 by the year 2014 would continue to affect deer populations into the future, and would set a precedent for the rest of B.C., Mr. Kazakoff said.
“This decision will make other towns do their proper research,” he added.
Invermere Mayor Gerry Taft said that he is unhappy that Invermere had to be the town made an example of by the lawsuit, because mayor and council were following provincial guidelines.
“Unfortunately it is our taxpayers who have to foot the bill,” Mayor Taft said. “It seems to be their [the Invermere Deer Protection Society’s] goal to use us as a precedent.”
If the anti-cull group really wanted to deal with who is actually responsible for setting protocol when it comes to wildlife management, they would sue the province and not one of the communities that followed provincial recommendations, Mayor Taft added.
Vince Zurbriggen of the Invermere Deer Protection Society said that relying on provincial figures, the District of Invermere did not do enough research of its own when it came to the cull and relied mainly upon findings from other East Kootenay municipalities.
“We want them to do their proper research and not just look at wiping out the deer because they are eating our tulips,” he said. “The district has not concentrated on finding any other solution except for a cull. They have not involved us.”
Conversely, the Invermere Deer Protection Society has made little attempt to work with the District of Invermere, Mayor Taft countered.
“There was the suggestion at one point that if we worked with them and promised not to do any culls in the near future they would hold the lawsuit and not go any further,” he said. “As far as we are aware they have never offered to fully withdraw the lawsuit or stop the legal action.”
The ongoing battle makes it hard for both sides to find middle ground in managing urban deer populations. Mr. Kazakoff said that his society is willing to work with the District of Invermere to settle the law case out of court, if possible.
“This is something that still can be done,” he said. “The DOI doesn’t want to work with us or drop their lawsuit until we would drop ours. We are not going to do that unless they say that there is not going to be a cull. We are both at the same point.”
The ongoing battle has been counterproductive, dividing citizens and costing taxpayers money, Mayor Taft said.
The Invermere Urban Deer Advisory Committee, a council-appointed group of Invermere citizens with varying experience dealing with wildlife, continues to meet and discuss the ongoing urban deer issue.