A constitutional rights group is taking Nova Scotia to court over Premier Tim Houston’s sweeping ban on entering the province’s forests, arguing the measure tramples Canadians’ freedoms and goes beyond what provincial law allows.
In a Tuesday press release, the Canadian Constitutional Foundation said a provincial court will hear its proposed judicial review of Premier Houston’s ban on walking, hiking, camping, fishing, and even entering private wooded property without a government permit.
The advocacy group noted that the Forests Act allows fines of up to $500,000 or six months in jail for violating proclamations of this kind. However, the Nova Scotia government has said it will issue $25,000 fines.
“The Forests Act doesn’t give the government the power to shut down access to all wooded areas across the province and the government is required to properly balance people’s rights with their objectives,” said CCF Litigation Director Christine Van Geyn.
“The CCF will argue the ban exceeds the government’s powers under the Forests Act, is unconstitutionally vague and overbroad, and fails to proportionately balance Charter rights,” reads the press release.
The foundation previously sent a letter to Premier Houston outlining its concerns on August 6 and launched a petition the next day that has since drawn over 5,500 signatures. The group will return to court on September 2 to set a date for the judicial review.
At the time of the ban’s announcement, Houston justified the measure as necessary to reduce wildfire risks. He later shifted explanations, saying the ban would also reduce strain on emergency responders and prevent people from being trapped near active fires.
The foundation previously warned Houston that his ban risked violating Section 7 of the Charter of Rights and Freedoms, which protects liberty, as well as potentially infringing on Indigenous rights under Section 35 of the Constitution Act.
“When safety becomes a weapon, everyone loses. Nova Scotia’s forest ban is overkill and it’s déjà vu. It’s happening now because the government got away with it last time,” said Van Geyn.
Josh Dehaas, legal counsel for the CCF, also previously warned in a letter to Houston that the law infringes on Canadians’ freedoms.
“While the Forests Act contemplates restricting travel into particular ‘zones’ to protect the forests, it is unreasonable to interpret the act as authorizing blanket provincewide bans on activities that pose no serious risk of sparking fires,” Dehaas wrote.
The controversy has been further inflamed by inconsistent enforcement. Earlier this month, Houston confirmed that 12 fines had been levied under the ban. However, homeless encampments in wooded areas have avoided penalties despite being linked to one recent wildfire.
Forest land makes up 75 per cent of Nova Scotia. The government has said the ban will remain in place until mid-October unless significant rainfall reduces fire risks.