A sweeping Nova Scotia ban on entering wooded areas has been struck down by the province’s Supreme Court, which ruled the emergency order was unreasonable and failed to properly consider Canadians’ Charter rights.The decision comes after a constitutional challenge brought by the Justice Centre for Constitutional Freedoms on behalf of Canadian Armed Forces veteran Jeffrey Evely, who was fined $28,872.50 for walking in the woods during the 2025 wildfire prohibition.The court found the province’s decision-making process was fundamentally flawed and said there was no evidence officials considered mobility rights before imposing the restriction.“There is no evidence in the record that when the minister issued the proclamation there was any consideration given to mobility rights,” the ruling stated.The court determined the ban engaged section 6 mobility rights under the Charter by restricting movement across the province and also potentially implicated section 7 rights. However, it found those rights were not meaningfully weighed when the order was issued.The judge ruled that while governments can respond to emergencies, they must still assess how such measures affect constitutional rights. In this case, the blanket nature of the ban on entering “the woods” was found to be overly broad and insufficiently clear, exposing residents to significant penalties without adequate guidance..The court ultimately declared the order invalid, concluding the proclamation was unreasonable and no longer in force.“The proclamation imposing the travel ban was unreasonable. It is no longer in force, so no further order is required,” the decision read.Constitutional lawyer Marty Moore said the ruling reinforces limits on government authority during emergencies and underscores the need to protect fundamental freedoms.He warned that failure to safeguard rights in crisis situations can lead to long-term erosion of civil liberties.“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.Moore also said the ruling should have immediate implications for fines issued under the now-invalidated order, including the penalty imposed on Evely for walking in the woods.The case was supported by donor funding through the Justice Centre for Constitutional Freedoms, which says it continues to fund legal challenges involving Charter rights across Canada.
