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.
Court challenge scheduled
An evidentiary hearing is scheduled for December 29–30, 2025, and the court hearing on this matter is set for February 2 and 3, 2026.
Hearing scheduled for March
The next hearing in this matter is scheduled for March 16–19, 2026. Additional information will be posted closer to the hearing dates.
Three day hearing held in Halifax
Constitutional lawyers Marty Moore and Allison Pejovic appeared in the Supreme Court of Nova Scotia beginning on Tuesday, March 17, 2026, in a challenge that could reshape the restrictions that can be placed on Canadians’ mobility during an emergency.
The three-day court case concluded in Halifax after arguments were presented on both sides regarding the legality of the province’s sweeping 2025 ban on entering wooded areas.
For Jeffrey Evely, the Nova Scotian who was given a $28,000 ticket for walking in the woods back in August 2025, this case is personal. He said, “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. 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.”
A decision on the matter will be released in due course.
Supreme Court of Nova Scotia strikes down “woods ban”
The Supreme Court of Nova Scotia has 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 follows 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.
The Court also found the prohibition to be overly broad and unclear, exposing ordinary Canadians to severe penalties without sufficient guidance. It noted that the ban “limited the mobility rights of Nova Scotians to move freely around the province,” an impact that was not properly considered.
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.”
Constitutional lawyer Marty Moore said the ruling underscores the importance of safeguarding freedoms, even in emergencies. “Justice Campbell appropriately warns in his decision that if the rights of individuals are not safeguarded in emergency circumstances, ‘…they can be eroded in a way that eventually affects everyone. Experience tells us that the erosion can happen in unexpected places at an unexpected pace.’”
He added, “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.”
Mr. Moore also noted the decision should have immediate consequences for those penalized under the ban, stating, “We hope this judicial rebuke will lead to more reasonable decisions by the government of Nova Scotia in the future. This decision should also have the effect of invalidating the massive fine our client Jeff Evely is facing for walking in the woods.”