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Due to severe wildfire risk, Nova Scotia is evacuating homeless residents from forested areas, though dozens are refusing to leave.

Sixty-three individuals from wooded encampments have moved to shelters or non-wooded sites, but 137 people remain in "high-risk" wooded areas, according to the Department of Opportunities and Social Development.

Nova Scotia hasn't yet fined homeless individuals sheltering in forests, though a dozen fines have been issued to those with home addresses. Among those fined is Jeff Evely, a military veteran who intentionally incurred the fine to challenge the order in court. 

In an interview with the state broadcaster, Dalhousie Legal Aid lawyer Nadia Shivji advocated for discretionary fines, stating that a $25,000 fine for a vulnerable individual with no means to pay would not serve the public interest and could hinder their alleged recovery.

Shivji proposed arresting individuals violating the woods ban as a last resort, but advocated for their release and "practical alternatives."

A Department spokesperson stated that provincial departments, municipalities, and community groups swiftly collaborated to relocate individuals, opening 125 additional emergency beds in the past two weeks with the priority of "keeping people safe."

Premier Tim Houston’s August 5 proclamation bans entry to all wooded areas, Crown or private, without a permit. Outreach workers are exempt.

Officials have largely remained silent regarding the homeless encampments. The Susies Lake wildfire was confirmed by a Natural Resources official to be human-caused due to an open fire; however, no charges can be laid as no one was present at the scene.

When asked about the fire's origin, Houston deferred, stating an investigation would occur "after we get through this." He emphasized focusing on containing the fire and urged Nova Scotians to obey laws due to the risky situation.

Due to "incredibly dry weather," Nova Scotia has seen 122 wildfires this year, below the 10-year average of 152. Minister Rushton stated that "only a significant amount of rain" would improve conditions as current fires burn deep underground.

Persistent drought in Nova Scotia has led to widespread wildfires, forcing the evacuation of over 100 homes as crews battle multiple blazes, including one major out-of-control fire.

Freedom advocates wrote to Premier Tim Houston and Natural Resources Minister Tory Rushton on August 6, urging a reconsideration of restrictions, citing constitutional infringements like the right to liberty and fine amounts that are "grossly disproportionate."

The Canadian Constitution Foundation (CCF) argues that Nova Scotia's Forests Act unconstitutionally restricts woods access and improperly impacts Charter rights through vague imprisonment offences. 

Christine Van Geyn, Litigation Director, stated that fining people for "no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns.” The Foundation will now seek judicial review and an expedited hearing to challenge the government's actions. 

The province’s ongoing ban remains in effect until October 15, or until wildfire risk decreases.