In August 2025, Nova Scotia Premier Tim Houston announced one of the most sweeping restrictions imposed during a wildfire season. Under the proclamation, citizens faced fines of up to $25,000 for entering wooded areas through mid-October 2025.
Canadian Armed Forces veteran challenged the ban
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 receive the maximum penalty under the proclamation. His fine totalled $28,872.50, including taxes, fees, and surcharges.
Lawyers funded by the Justice Centre were retained to challenge both the province’s proclamation and the ticket issued to Mr. Evely.
Mr. Evely saw 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 was unconstitutional.
Constitutional challenge argued the ban violated Charter rights
Lawyers funded by the Justice Centre filed a Notice for Judicial Review in 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 argued that the travel ban was unreasonable and unconstitutional and violated his right to liberty and security of the person, protected by section 7 of the Canadian Charter of Rights and Freedoms.
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.”
Mr. Evely connected 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.
Province partially lifted the ban after legal challenge began
Nova Scotia partially lifted its province-wide ban on entering the woods on August 29, 2025, just days after the constitutional challenge was filed on August 20, 2025.
Lawyers funded by the Justice Centre continued their constitutional challenge of the blanket ban. Nova Scotia waived its option to argue that the case was moot, allowing the Court to determine whether the original proclamation complied with the Charter despite the restrictions having been eased.
Supreme Court heard the constitutional challenge
Constitutional lawyers Marty Moore and Allison Pejovic appeared before the Supreme Court of Nova Scotia during a three-day hearing in Halifax in March 2026, challenging the legality of the province’s sweeping 2025 ban on entering wooded areas.
The hearing concluded after both parties presented arguments regarding whether the proclamation unlawfully restricted Canadians’ constitutional rights.
Supreme Court struck down the “woods ban”
The Supreme Court of Nova Scotia struck down the province’s sweeping 2025 ban on entering “the woods,” finding that the government acted unreasonably by failing to consider the impact on Charter rights.
The decision followed a constitutional challenge brought by lawyers funded by the Justice Centre on behalf of Canadian Armed Forces veteran Jeffrey Evely, who was fined $28,872.50 under the blanket prohibition.
In its ruling, the Court found the province’s decision-making process to be fundamentally flawed, stating: “There is no evidence in the record that when the Minister issued the proclamation there was any consideration given to mobility rights.” The Court held that the ban engaged section 6 mobility rights, as it restricted movement throughout the province, and that section 7 rights were also potentially engaged. It emphasized that when Charter rights are at stake, decision-makers must weigh them meaningfully, and failure to do so renders a decision unreasonable.
As a result, the Court declared the proclamation invalid, concluding: “The proclamation imposing the travel ban was unreasonable. It is no longer in force, so no further order is required.”
Crown withdrew the ticket
The Crown withdrew the ticket issued to Jeffrey Evely under Nova Scotia’s now-invalidated 2025 “woods ban,” bringing an end to enforcement proceedings that had been scheduled for July 22, 2026, in Nova Scotia Provincial Court.
Lawyers funded by the Justice Centre had argued that the province could not continue pursuing penalties after the Supreme Court of Nova Scotia struck down the proclamation. Mr. Evely, who became the first person charged under the province-wide prohibition on entering wooded areas during wildfire season and faced a $28,872.50 penalty, successfully challenged the ban on constitutional grounds.
This case demonstrated that constitutional rights are not protected by courts alone—they depend on courageous Canadians willing to stand up against unconstitutional government action and the support of lawyers funded by the Justice Centre to defend those freedoms.
