The Canadian Constitution Foundation (CCF) is challenging Nova Scotia's province-wide travel ban on wooded areas. An August 5 proclamation made it illegal to enter any wooded area — including Crown and private land — without a permit, with fines of $25,000 (plus HST).

Freedom advocates wrote to Premier Tim Houston and Natural Resources Minister Tory Rushton on August 6, urging a reconsideration of restrictions, but received no reply. 

The CCF will now seek judicial review and an expedited hearing to challenge the government.

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.

The extensive restrictions under the guise of wildfire prevention include a ban on hiking, fishing, off-road vehicles, and camping outside designated areas. Additionally, forestry, mining, and other industrial work in wooded areas now requires an exemption permit.

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Josh Dehaas, author of the August 6 letter, stated the travel ban is "unlawful, disproportionate and unreasonable," despite the government's legitimate interest in wildfire prevention.

The Foundation argues that Nova Scotia's Forests Act unconstitutionally restricts access to "woods" and improperly impacts Charter rights through vague and overbroad imprisonment offences.

Christine Van Geyn, Litigation Director for the Foundation, stated that fining people for “no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns.” Nova Scotia has issued at least $288,000 in fines for violating its forest entry ban.

Among those fined is Jeff Evely, a military veteran who intentionally incurred the fine to challenge the order in court. He believes this "tyrannical" act, like the Emergencies Act, is unconstitutional and hopes his defiance will inspire others to resist, overwhelming the system. 

Houston’s controversial announcement led to a CCF petition with nearly 5,000 signatures and public outcry, urging the Premier to lift the ban and implement targeted forest protection measures.

Nova Scotia previously banned forest entry for about a week in 2023 due to two large wildfires, which destroyed hundreds of homes in Halifax suburbs and forced 16,000 residents to evacuate.

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

The CCF has retained Nova Scotia counsel Nijhawan McMillan & Conlon Barristers for this case.