Nova Scotia Court Strikes Down Vague 'Woods' Ban, Citing Charter Rights Violation

Nova Scotia's Supreme Court struck down a provincial "woods" ban, ruling it violated residents' mobility rights. The court found the ban too vague and not adequately balanced against wildfire prevention efforts.

During last summer's wildfire crisis, Nova Scotia implemented a ban on entering "the woods." This measure aimed to prevent new fires and protect public safety. The province set the fine for violations at C$25,000, impacting access to various natural areas including forests, rock barrens, and scrubland.

On April 17, Justice Jamie Campbell ruled that Nova Scotia's government violated residents' mobility rights under the Charter of Rights and Freedoms. The court found the provincial ban did not adequately balance this infringement with wildfire prevention efforts. Mobility rights allow Canadians to move freely within and leave the country.

Jeffrey Evely, an army veteran, received a C$28,872.50 fine for entering a Cape Breton forest after notifying bylaw officers. His case challenged the ban's legality. Premier Tim Houston defended the woods ban, stating it was necessary and appropriate for protecting firefighters, public safety, and property during the wildfire crisis.

Justice Campbell's ruling also cited the ban as "so vague as to be incapable of being interpreted at all." The lack of a clear definition for "the woods" presented a challenge for residents attempting to comply.

This court decision underscores the legal limits on government emergency powers, even in crises. Governments must demonstrate a clear and justifiable balance between public safety measures and individual rights. The ruling highlights the importance of precise legal language in public directives.

The outcome may influence how provincial governments across Canada structure future emergency orders impacting public access to land. Stakeholders will observe how Nova Scotia adapts its emergency planning to align with this judicial interpretation.