A Nova Scotia Supreme Court judge has struck down a provincial ban on entering woodlands during last summer's wildfires, ruling that the order violated Canadians' constitutional mobility rights. The decision came after hiker Jeffrey Evely deliberately challenged the ban, receiving a C$28,872.50 fine for walking in a forest in Cape Breton.
Justice Jamie Campbell found the ban was 'so vague as to be incapable of being interpreted at all,' noting that definitions of 'woods' included rock barrens, scrubland, and areas where trees once stood but no longer existed. The ruling emphasized that while the government acted urgently to prevent fire spread, it failed to balance public safety with individual freedoms.
The case, supported by the Justice Centre for Constitutional Freedoms (JCCF), drew parallels to pandemic restrictions and historical charters. JCCF lawyer Marty Moore called the decision 'egg on the face of the government,' warning it would deter similar overreach. Premier Tim Houston defended the ban as necessary, stating he acted on available information to protect lives and property.
The court acknowledged the severity of the 2023 wildfire season but stressed that rights must not be eroded in crises. The ruling has sparked debate on government authority during emergencies, with implications for future disaster responses in Canada.
