The Supreme Court of Nova Scotia has struck down the province’s 2025 prohibition on entering wooded areas, ruling the government acted unreasonably and failed to properly consider Charter rights when it imposed the restriction.

The case was brought on behalf of Jeffrey Evely, a Canadian Armed Forces veteran who was fined $28,872.50 after walking in the woods during the ban. Lawyers challenging the measure were funded by the Justice Centre for Constitutional Freedoms.

In its decision, the court found there was no evidence the minister considered mobility rights before issuing the proclamation. The judge wrote that governments may respond to emergencies, but must still weigh the impact of their decisions on constitutionally protected freedoms.

The Justice Centre announces that the Supreme Court of Nova Scotia has struck down the province’s sweeping 2025 ban on entering the woods, ruling that the government acted unreasonably and failed to consider the Charter rights and values affected by the ban.

The decision follows… pic.twitter.com/RxQ6viB68u

— Justice Centre for Constitutional Freedoms (@JCCFCanada) April 17, 2026

Go Ad Free

The ruling said the ban engaged Section 6 mobility rights under the Canadian Charter of Rights and Freedoms by limiting residents’ ability to move freely within the province. The court also found Section 7 rights may have been affected.

The judge further concluded the order was overly broad and lacked clarity, exposing residents to severe penalties without clear guidance on what areas were off-limits.

“The proclamation imposing the travel ban was unreasonable,” the court ruled, adding that because the order is no longer in force, no further remedy was required.

Constitutional lawyer Marty Moore said the judgment sends a message that governments must still respect civil liberties during emergencies.

He cited the court’s warning that rights not protected in emergency circumstances “can be eroded in a way that eventually affects everyone.”

Moore also said the decision should nullify the fine imposed on Evely, though that issue may require further legal steps.