B.C.'s solicitor general thinks the province should be allowed to fine backcountry violators.B.C.'s solicitor general thinks the province should be allowed to fine backcountry violators. (CBC)

One of the four men barred for life from Grouse Mountain resort for skiing out-of-bounds and ignoring warnings to return says the ban will not stop him from repeating his actions in the future.

James Hillier said he will continue to ski in the backcountry and insists the resort treated him unfairly by slapping him with the lifetime ban.

"I'm not saying it's OK to flaunt the rules," Hillier said in an interview Tuesday.

"I'm saying it's OK to take a due diligence approach, prepare yourself with the right equipment and training and if you believe that the conditions are appropriate, then you're putting yourself on the line. ... I do think it's OK to go out and backcountry ski if you've taken the appropriate preparations."

Hillier and three others were slapped with the ban over the weekend after they went into an area that was closed off because of an avalanche risk.

Grouse Mountain mounted a rescue mission Friday involving the North Shore Search and Rescue team and a helicopter, and subsequently said the company would be billing the four men for the entire cost of the operation.

Hillier said out-of-bounds rules shouldn't apply to experienced skiers and he believes it's his right to be rescued if he gets lost or hurt, at no cost to himself.

B.C.'s solicitor general disagrees.

Seeking new law

John van Dongen is pushing for a new law that allows the province to fine skiers and snowboarders who enter out-of-bounds areas and venture into unpredictable backcountry areas

Van Dongen said "some kind of penalty, some kind of fine, some kind of consequence" is necessary for people who ignore warnings and duck under ropes into dangerous terrain.

There is no law that permits the province to punish skiers at private resorts. It's up to the resorts to fine violators or bar them from returning, but officials at Grouse Mountain said it's difficult to enforce.

"We feel that they should pay the cost associated with the search and these are costs incurred," said William Mbaho, communications manager of Grouse Mountain. "If they choose not to, that's entirely up to them."

Van Dongen applauded Grouse Mountain's actions and said he is ready to discuss the possibility of allowing the provincial Ministry of Public Safety to issue fines and enforce them.

"Certainly I'm going to explore in my conversations with our ministry staff and the provincial emergency program whether or not we need to start work on designing some kind of penalty … for people who ignore these warnings."

The head of North Shore Search and Rescue agrees something has to be done to curb backcountry violators but believes the solution may not be in issuing fines.

Tim Jones said a task force is needed to develop a clear policy for all stakeholders, including resort operators, customers and the province.

"Now is the time to start talking about all this stuff seriously … and have an open forum," Jones said.

He said the topic is contentious because ski resorts market the backcountry experience as a way to lure customers, but they only patrol specific areas on their properties. Outside of those areas, responsibility falls to regional governments and B.C. Parks.

Others are concerned the implementation of enforceable fines will increase the risk that people who find themselves in dangerous situations will not call for help.