NS Premier Says Wildfire Woods Ban Was Justified After Court Rules Against It

Nova Scotia Progressive Conservative Leader Tim Houston speaks to reporters following a televised debate in Halifax on Nov. 14, 2024. The Canadian Press/Darren Calabrese

Nova Scotia’s premier is defending his government’s so-called “woods ban” last year, saying the measures were put in place during a period of high wildfire risk and that he would do so again if necessary “to keep people safe.”

Premier Tim Houston announced major restrictions on outdoor activities across the province last August as the province grappled with dry conditions that could spark wildfires. The province banned hiking, camping, fishing, mining, forestry, and other outdoor activities in all forested regions and said anyone caught violating the restrictions could face a fine of up to $25,000.

A Nova Scotia Supreme Court judge ruled last week that the ban was “unreasonable” and placed limitations on travel that were not “trivial or fleeting.”

Justice Jamie Campbell said in his April 17 decision that the province-wide ban did not satisfy the criteria for “reasonableness” because the government did not take into account its impact on Charter rights, including mobility rights.

Houston told reporters during an April 23 press conference that the woods ban was “completely appropriate” at the time, adding, “we'll do that again, if necessary.”

“Now, months and months later, in almost essentially a world away in the wintertime, a judge has decided that maybe something different should have been done,” Houston said, adding that he did what he thought was right at the time.

The province was facing wildfire risks ranging from high to extreme when Houston declared the ban on Aug. 5, 2025, with no rain forecast for the following 10 days.

Lightning caused the Long Lake wildfire to ignite in the Annapolis Valley just over a week later on Aug. 13, 2025. The wildfire destroyed 20 homes and some 8,500 hectares of land.

Houston said the ban was also a bid to help firefighting crews who were “stressed” and “stretched for resources.”

Houston was asked by reporters if the court’s ruling would change provincial processes in the future. The premier said he “respects” the decision of the court and has no plan, currently, to appeal it.

Opposition NDP Leader Claudia Chender said the government should seek direction from the court ruling should a similar ban be considered in the future.

“The province was burning, and that’s something that we don’t have experience with in this province,” Chender told reporters on April 23. “I don’t fault the government for taking steps, but in this — as in almost everything else — the government failed to engage with Nova Scotians, they failed to truly understand what the issues were and how best to address them, and I think that’s what the court was saying.”

Court Case

A constitutional challenge was lodged against the forest-entry ban by resident Jeffrey Evely, who incurred a $28,872.50 fine. Evely had intentionally breached the ban by entering the woods in protest of the measure. The legal challenge was funded by the Justice Centre for Constitutional Freedoms (JCCF).

Evely posted a video of himself entering the Department of Natural Resources office located in Coxheath, N.S., where he announced his plan to enter the woods as a form of protest.

Constitutional lawyer Marty Moore said the court’s ruling confirms that governments have to respect fundamental freedoms, even during an emergency.

“We hope the government of Nova Scotia, and other government in Canada, heed this warning, and respect the individual rights of Canadians in their decisions,” Moore said in an April 17 JCCF press release.

Evely said he believes his case was necessary to stand up for Charter rights.

“True, loving Canadian patriots understand that we all have a sacred, civic duty to safeguard these rights and freedoms we’ve inherited for future generations,” he said in the press release. “This decision is a win for the future of Canada, and I am very happy to have had the opportunity to do right by those who went before me.”