Nova Scotia Court Invalidates Woods Ban
SkimNews Take
Defining "the woods" too broadly for a public safety ban inadvertently created a legal vulnerability by encompassing areas not typically associated with high fire risk, undermining the ban's necessity and proportionality.
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- Tim Houston imposed a C$28,872.50 fine on veteran Jeffrey Evely for hiking in a “woods” area, despite the ban’s vague definition that covered rock barrens and marshes.
- Jamie Campbell ruled on 17 April that the ban violated Nova Scotiaans’ mobility rights under the Canadian Charter of Rights and Freedoms, finding the government failed to balance the infringement against wildfire mitigation.
- Justice Centre for Constitutional Freedoms backed Evely’s challenge, arguing the ban overreached and that the province’s emergency powers must be reasonably applied, leading to the court’s decision.
- Nova Scotia Supreme Court upheld the ruling, warning that erosion of individual rights during emergencies could eventually affect everyone, signalling tighter scrutiny of future emergency orders.
Why it matters: Nova Scotia residents gain restored mobility rights while the province loses the ability to impose sweeping $25k‑$30k fines without clear definitions, prompting tighter scrutiny of emergency powers and potentially slowing wildfire response coordination.
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