NS Man Files Legal Challenge Against Provincial Forest Ban, $28,000 Fine

File photo of a runner heading through Point Pleasant Park in Halifax on Aug. 13, 2010. The Canadian Press/Andrew Vaughan

A Nova Scotia man has filed a legal challenge to the provincial prohibition against going into the woods and a $28,000 ticket he received deliberately for not following it.

The province announced restrictions on activities in forested areas as of Aug. 5, saying that hot and dry conditions “greatly increased” the risk of wildfires. The restrictions include a ban on hiking, camping, fishing, or using vehicles in the woods, as well as a ban on using trail systems. The restrictions are in place until Oct. 15 or until the province deems conditions have improved enough for them to be lifted.

Resident Jeff Evely, a Canadian Armed Forces veteran, recorded himself on Aug. 8 taking a walk in the woods in protest. He alerted conservation officers of his actions, and was handed a $28,872.50 ticket. Evely told The Epoch Times in an earlier interview that he tried to challenge a similar ban in 2023, but was told by a judge that he “could not stand” on his rights alone, that there needed to be money involved, and that’s why he sought to deliberately get a ticket this time.

The Justice Centre for Constitutional Freedoms (JCCF) said it will be representing Evely in the judicial review against the ban, and his fine.

A judicial review involves the court reviewing a decision or order of an administrative body to see if it is fair, reasonable, and lawful.

Evely is arguing that the restriction is unreasonable and unconstitutional, and that it violates his Charter rights of liberty and security of the person.

“The Travel Ban was made for the purpose of protecting the woods from fire. Yet, in it, the Minister, prohibits activities that create no fire risk,” the court filing (PDF) said.

It notes that activities like hiking could allow members of the public to notify officials about fires or fire risks.

JCCF lawyer for the case Marty Moore said the ban targets people, rather than risky activities, as the problem.

“Nova Scotia’s travel ban doesn’t target risky activities, but rather treats people as the problem, and bans them from the woods for any purpose,” Moore said.

“Nova Scotia’s limit on people’s liberties under a blanket claim of ‘safety’ is not rational and has no logical limit,” he added.

Evely previously told The Epoch Times there was “no logical connection” between preventing wildfires and “preventing my sneakers from entering the woods.”

“There are any number of measures they could have taken, like banning smoking in the woods, banning any ignition source from the woods, that I think would have been perfectly sensible given the circumstances,” he said.

The Epoch Times attempted to contact the Nova Scotia government for comment but did not hear back by publication time.

Premier Tim Houston previously said the restrictions were in place to reduce the risk of wildfires caused by human activity. He said people were being kept out of the woods “until conditions improve.”

Houston said that he was asking everyone to “do the right thing,” including not lighting campfires and staying out of the woods to “protect our people and communities.”

The provincial government said that access to beaches and parks were still open, but not trail systems. It added that private landowners were permitted to use their properties, but were not allowed to have others access wooded areas on their property.

The JCCF said it will be requesting an emergency hearing for the review.

Possible 2nd Lawsuit

Another Canadian organization said it was also looking for a judicial review of the Nova Scotia ban on entering wooded areas.

The Canadian Constitutional Foundation (CCF) said one of its lawyers, Josh Dehaas, wrote a letter to Houston on Aug. 6 but did not receive a response. The letter outlined the organization’s concerns over the restrictions.

CCF said it planned to file for a judicial review and request a hearing “as soon as possible.”

It also started an online petition in support of keeping the provincial trails open to the public.