A Canadian judge has overturned Nova Scotia's controversial ban on entering the woods during last summer's wildfires, ruling that the order was unconstitutionally vague and violated residents' mobility rights. The decision came after a hiker deliberately challenged the prohibition, which carried fines exceeding half the average worker's annual salary.
Background of the Ban
As wildfires raged across Nova Scotia in the summer of 2023, provincial authorities initially asked residents to stay away from wooded areas. When the situation worsened, they imposed a formal ban with fines of up to C$25,000. However, the definition of "woods" proved problematic. The emergency order included rock barrens, scrubland, marshes, and areas where trees had once existed but no longer stood. Residents were allowed to travel as long as they did not go "any great distance" through the woods, leaving many confused about what constituted compliance.
Legal Challenge
Army veteran Jeffrey Evely, with support from the Justice Centre for Constitutional Freedoms (JCCF), intentionally violated the ban after notifying bylaw officers. He hiked in Cape Breton and received a fine of C$28,872.50. The JCCF, a libertarian-leaning group known for taking on controversial cases including involvement with the Freedom Convoy, helped Evely challenge the fine in court.
On April 17, Justice Jamie Campbell of the Nova Scotia Supreme Court ruled that the ban violated the mobility rights guaranteed under Canada's Charter of Rights and Freedoms. He found that the government failed to reasonably balance the infringement of individual rights against the goal of preventing wildfires. Campbell also criticized the order as "so vague as to be incapable of being interpreted at all."
Government Response
Premier Tim Houston defended the ban as necessary during a fast-moving crisis, stating it was "completely appropriate" given the information available at the time. The court acknowledged the urgency but warned that erosion of individual rights could affect everyone if not protected.
Broader Implications
Marty Moore, legal counsel for the JCCF, called the decision "egg on the face of the government" and predicted it would deter similar measures in the future. He drew parallels to pandemic restrictions and traced the case's roots to the Magna Carta and the Charter of the Forest from 1271, which granted common people rights to use forests. Moore emphasized the deep connection Nova Scotians have with the woods, noting that "Nova Scotia is the woods."
The ruling highlights the tension between emergency powers and individual liberties, serving as a cautionary tale for governments crafting crisis responses.
