A Nova Scotia Supreme Court judge says the provincial government made an unreasonable decision last year when it banned most people from entering the woods to prevent wildfires during an extreme drought.
In a decision released Friday, Justice Jamie Campbell said the provincewide ban imposed on Aug. 5, 2025, did not meet the standard for reasonableness because the province failed to consider the impact on Charter rights.
“It was not a fleeting or insignificant restriction,” Campbell wrote. “It substantially affected peoples’ lives.”
The ban prohibited “entry into the woods for the purposes of travelling, camping, fishing or picnicking or any other purpose, without a valid travel permit in all counties in Nova Scotia.”
Campbell’s judicial review found the travel ban limited the right of citizens to move freely within Canada — a right protected under Section 6 of the Charter of Rights and Freedoms.
“The record shows no consideration having been given to that issue,” Campbell wrote. “The issue here is not the balancing of community safety and individual rights. It is about the decision-making process.”
While the government had considered the rights of commercial users by establishing a permit system for them, the judge found no consideration was given to the potential impact on the mobility rights of those who use the woods for purposes other than commercial gain.
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“The decision (to impose the ban) may have been justifiable had those rights and values been considered and balanced against government objectives at the time,” Campbell wrote.
Campbell cited a Supreme Court of Canada decision informing lawmakers that when they make decisions that affect Charter rights, those rights must be addressed in a meaningful way.
“That may be difficult to do in the context of a quickly evolving emergency,” the judge wrote. “But with the benefit of hindsight, it might be something that can be considered before the next (emergency).”
The judge’s decision did not strike down the ban because it is no longer in effect.
Last summer, Premier Tim Houston’s government was under intense pressure to limit the damage caused by wildfires.
In 2023, the province experienced its worst wildfire season on record, losing more than 200 homes to fires that also forced 22,000 people to flee their homes and businesses. A total of 220 wildfires scorched about 25,000 hectares of land that year.
By the time the travel ban was imposed last August, all areas of the province were facing a high, very high or extreme risk of wildfire, with no rain in the forecast for the next 10 days.
By late September, the month-long Long Lake wildfire in western Nova Scotia was finally brought under control after it had destroyed 20 homes and burned 84 square kilometres of land. The Lake George wildfire broke out Sept. 28 and raged out of control for two weeks, forcing the evacuation of 350 civic addresses near Aylesford, N.S.
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“This case … isn’t about whether the Nova Scotia government had to act urgently to reduce the threat of further destructive fires,” Campbell wrote. “It is about whether the travel ban covering the woods in the entire province … was within (its) legal authority.”
The ruling stems from a constitutional challenge filed by lawyers representing Nova Scotia resident Jeffrey Evely. He was fined more than $28,000 for deliberately violating the ban by walking into the woods near Sydney, N.S., and then posting a video on social media.
Evely’s lawyers argued that Nova Scotia’s natural resources minister had exceeded his authority under the Forests Act because the ban was too vague for people to understand, the judge’s ruling said.
“That is because it banned travel in all woods, not just designated areas within the woods,” the ruling says.
The legal challenge was paid for by the Justice Centre for Constitutional Freedoms.
Evely issued a statement saying Canadians “have a sacred, civic duty to safeguard these rights and freedoms we’ve inherited for future generations …. This decision is a win for the future of Canada.”
Marty Moore, one of Evely’s lawyers, said the ruling confirms governments must respect fundamental freedoms, even during emergencies.
“We hope the government of Nova Scotia, and other governments in Canada, heed this warning, and respect the individual rights of Canadians in their decisions,” Moore said in a statement.
Imagine the lives that would be saved if everyone was locked in their houses all the time. No more car accidents, no more forest fires, no more lives lost! In the name of public safety of course as that should always take priority over your individual freedoms as a Canadian.
The judge was 100% wrong – public safety during an unprecedented crisis takes priority over your freedom tto go for a walk in the woods. The judge totally ignored the hundreds of homes lost to wild fires like they never existed.
It was another illegal exercise in controlling the population. Like Covid, the restrictions were found to be against the charter after the fact.
These imbeciles standing on Houstons side of tyrannical government are just that.
I felt better, who’s gonna pay for it etc….well 1st your feelings dont matter. 2nd every county has Wildfire attack teams that are already paid to fo the job regardless of fires or not.
Id love for government to seal you in your home and only allow you out to vote gor term again…which you’d most likely love.
So who’s going to pay for the fire some idiot causes? I am against censorship too but I also don’t want to go through what the homeowners went through down in Halifax County. 1000 could go in with no issues but it only takes one stupid act. That’s why I observed the rule and guess what, I survived, my house survived and my family survived.
The ban probably saved the loss of more homes and land because of careless people. Did they really have time to go through weeks or even months of studies and debates when the forest fires were out of control? Priorities, people!
This sets a good precedent for future tyrannical to not stomp on people’s rights!
Mike Gough = NIMBY. “I like the government control because it is my woods and I got mine and I dont want anyone else to have it.” I dont know how old you are, but sounds very boomer.
So what penalty was imposed on the Minister, and the government people… Nothing. Same as when Trudeau and Freeland called the freedom convoy a national emergency. Or Trump and his tariffs. No penalty – so they do not learn not to do it again…
It is extremely troubling that we need to rely on the courts, time and again, to reel in governments who exceed their authority and infringe on our basic rights. Where are the adults in the room when these terrible public policy decisions are taking place? Certainly none were present when this decision was made.
Erosion of our rights started with COVID, evolved into EA, and frozen bank accounts.
Now provinces are following suit.
Ever notice how the slow boiling frog cooks?
Wait a few months and this will be overturned by another judge.
Every time a politician says ” to keep people safe”, it means a suspension of our rights.
I’m cranky because we’re not in Covid lockdown, now no woods lockdown? Take my freedoms NOW!
Totally agree with you mike. My home is in a wooded area and I felt better knowing nobody was out there doing stupid things. It’s one thing to say, “ your allowed to go into the woods but no fire use of any sort, cook fires, heater off a cigarette or throw a roach, drop a lighter, throw a glass bottle etc”. Accidents do happen that can burn down peoples homes but to ask people to just stay out of the woods, ya right?
Within the Nova Scotia woods there are cabins and other homes where people live. They have come and go freely for years without issue. Then along come the dough head category. They enter the woods freely wiithout valid reasons. Light campfires etc, deep into tinder dry woods, causing about 90% of the wildfire problems. But the good judge rules its against Charter rights to have an outright ban. Well now, order 25 new water bombers, 50 new wildfire 4×4 trucks and 1500 new paid wildfire firefighters. Its critical all Rights be protected. Send any costing bills to Justice Jamie. His court decisions are not required to consider logic.
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