Nova Scotia’s ban on entering the woods could be deemed unconstitutional
Nova Scotia Premier Tim Houston has announced one of the most sweeping bans ever contemplated during a wildfire season. Under the new rules, citizens could face fines of up to $25,000 for entering the woods through mid-October 2025.
First ticket issued under controversial order
Retired Master Warrant Officer Jeff Evely, a veteran of the Canadian Armed Forces who served in Afghanistan in 2009 and Iraq in 2019, became the first person to be hit with the maximum penalty. His fine: $28,872.50, including taxes, fees, and surcharges.
Lawyers provided by the Justice Centre for Constitutional Freedoms have been retained to contest a $25,000 ticket given to Mr. Evely.
Evely sees the order as “Orwellian,” punishing ordinary people rather than targeting the actions most likely to cause fires. “It’s about human dignity,” he said, arguing that banning citizens from enjoying nature on the assumption they could start a fire is unconstitutional.
Legal fight ahead
Constitutional lawyer Marty Moore said, “This law views people as the problem – not dangerous activities. This law is anti-human, and should someone find themselves on the wrong end of a charge – a massive charge, $25,000 dollar fine, for going into the woods, you can expect a constitutional challenge and a judicial review of this order.”
“Premier Houston would be wise to immediately review his overly broad order to avoid further legal action,” he added.
Notice for Judicial Review filed
Lawyers for Canadian war veteran Jeffrey Evely have filed a Notice for Judicial Review to the Supreme Court of Nova Scotia, challenging the province’s sweeping travel ban and Mr. Evely’s $28,872.50 fine for walking in the woods. Mr. Evely is arguing that the travel ban is unreasonable and unconstitutional and violates his right to liberty and security of the person – protected by section 7 of the Canadian Charter of Rights and Freedoms.
“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. Nova Scotia’s limit on people’s liberties under a blanket claim of ‘safety’ is not rational and has no logical limit,” said constitutional lawyer Marty Moore.
Mr. Evely, who served in Afghanistan and Iraq, connects his past service to the country to the need to resist unreasonable and unconstitutional government edicts. “I believe that it is important to have the woods ban proclamation reviewed in light of our Charter rights because I served in Afghanistan and Iraq, so I know how hard won these freedoms really are, especially once they are lost,” Mr. Evely said.
“I find the cavalier attitude with which these freedoms have been impaired to be a gross indignity to our fallen soldiers, and a moral injury to those of us still here. This moral injury serves to exacerbate my PTSD symptoms, which I have been managing with therapy, medication, and daily outdoor activity, which I normally conduct in the woods,” he added.
Nova Scotia partially lifts ban on entering woods
The province of Nova Scotia partially lifted its province-wide ban on entering the woods on August 29, 2025, just days after a legal challenge was filed on August 20, 2025.
Lawyers funded by the Justice Centre are continuing their constitutional challenge of the blanket ban. Nova Scotia agreed to waive its option to argue that the case is moot, ensuring the matter will proceed to court, with a hearing expected in February 2026.