New Brunswick government faces legal warning over sweeping Crown land ban
Lawyers provided by the Justice Centre have issued a legal warning to New Brunswick Premier Susan Holt and Minister of Natural Resources and Energy Development John Herron, calling on the province to end its controversial province-wide ban on public access to Crown land.
The ban, introduced as a fire prevention measure, prohibits even low-risk activities such as hiking, cycling, fishing, or walking a dog. Government officials claim the restrictions are necessary to reduce wildfire risk. But others argues the measures are an unjustified violation of Canadians’ constitutional rights.
Lawyer says ban violates Charter rights
Constitutional lawyer Allison Pejovic says the sweeping ban infringes on the right to liberty protected by section 7 of the Canadian Charter of Rights and Freedoms.
“Walking through the woods and fishing do not pose a risk of starting fires. Punishing Canadians by restricting their freedom to roam and enjoy nature is disproportionate and not rationally connected to preventing forest fires,” Ms. Pejovic writes in the letter.
She adds that less restrictive measures — such as banning smoking and recreational fires, increasing patrols, and improving forest management — could address legitimate fire safety concerns without eroding personal freedoms.
Threat of legal action if ban continues
The warning letter cautions that if the province continues with “overbroad, arbitrary, and grossly disproportionate restrictions,” it could face a court challenge.
“Treating people as the problem rather than targeting actions that actually create fire risks shows a serious and concerning disregard for human rights and individual liberty,” Ms. Pejovic states.
The letter is urging the province to immediately lift the ban on harmless recreational activities on Crown land.
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New Brunswick lifts blanket ban
On August 10, 2025, lawyers funded by the Justice Centre warned the Government of New Brunswick that its travel ban restricting access to Crown lands was unconstitutional. Just two weeks later, on August 25, 2025, the province lifted the ban and reopened the woods to the public.