The Canadian Constitution Foundation (CCF) has announced it is requesting a judicial review of the Nova Scotia government’s ban on entering wooded areas of the province, which was implemented to mitigate forest fires.
“Sweeping restrictions like these undermine trust in public safety measures and raise serious questions about government overreach,” CCF litigation director Christine Van Geyn said in an Aug. 15 press release.
The Nova Scotia government implemented an Aug. 5 proclamation that makes it illegal to walk, hike, camp, fish, or picnic in any wooded area of the province without a permit. The ban will be in place until Oct. 15 and carries fines of up to $25,000.
The ban comes as several forest fires continue to impact the region, including two fires near Hoyt Lake and Annapolis Valley that have led to evacuations, as crews attempt to extinguish the blazes. According to Natural Resources Canada, Nova Scotia has experienced 96 wildfires so far this year, compared to 855 in Alberta and 630 in B.C.
While the CCF said its counsel Josh Dehaas wrote to Nova Scotia Premier Tim Houston on Aug. 6 outlining the organization’s concerns, it never received a response.
The CCF said it has informed the provincial government that it will be filing a judicial review and requesting a hearing as soon as possible. The CCF has also launched an online petition in support of keeping Nova Scotia’s trails open to the public.
Premier Tim Houston has said implementing the ban and fines was necessary in order to prevent wildfires, particularly due to the “incredibly dry weather” the province has been experiencing.
Houston said that most wildfires are caused by human activity, and with the risk of wildfires elevated due to a lack of rain, people needed to stay out of the woods until conditions improve. The government noted that people are still able to access beaches and parks, and private landowners can use their own properties but are not allowed to “host others to use wooded areas of their properties.”
The CCF said it will argue that Nova Scotia’s Forests Act, under which the ban has been implemented, cannot be used to restrict access to all land that meets the “very broad” definition of “woods,” and that it only allows for targeted restrictions of specific zones.
The CCF will also argue that the provincial government has not considered the impact of the ban on Canadians’ Charter rights, and has created an offence punishable by imprisonment which is “unconstitutionally vague and overbroad.”
Van Geyn argued that fining Canadians up to $25,000 for “no-risk activities” like hiking or birdwatching is not a “rational” way to manage wildfires.
Premier Houston said on Aug. 5 that while people wanted to enjoy summer activities, staying out of the woods was a “small price to pay right now to avoid the kind of devastation that we saw from the wildfires in 2023.” Nova Scotia also banned people from entering forests back in 2023, when two wildfires were burning down homes in the suburbs of Halifax.
