Nova Scotia Court Overturns C$25,000 Woods Hiking Fine as Charter Violation

Context Last summer wildfires swept across Nova Scotia, prompting the province to ban all travel through the woods. Authorities defined “woods” so broadly that rocky barrens, marshes and even areas without standing trees qualified. The rule carried a C$25,000 penalty, more than half the average worker’s yearly salary. Veteran Jeffrey Evely challenged the fine after receiving a C$28,872.50 ticket for a hike in Cape Breton, with support from the Justice Centre for Constitutional Freedoms.

Key Facts On April 17, Justice Jamie Campbell ruled that the woods ban infringed residents’ mobility rights—the constitutional guarantee to move freely within the province—and was not reasonably justified. He found the order so vague that it could not be interpreted consistently, noting that even experts struggled to determine what counted as “woods.” Premier Tim Houston defended the measure, saying it was necessary and appropriate given the wildfire crisis and the information available at the time.

What It Means The judgment forces Nova Scotia to rewrite any future emergency travel restrictions with clearer definitions and stronger Charter safeguards. Legal experts expect the province to either appeal the decision or draft new regulations that balance fire prevention with mobility rights. Watch for the province’s next steps in drafting clearer emergency orders that respect Charter freedoms.