FREDERICTON, NB: The Justice Centre for Constitutional Freedoms announces that a legal warning letter has been sent to Premier of New Brunswick Susan Holt and Minister of Natural Resources and Energy Development John Herron, urging them to reverse their province-wide ban on public access to Crown land.
The universal ban on access to nature across the province applies to low-risk activities such as hiking, cycling, fishing, or even walking a dog in order to prevent forest fires, according to the Premier and Minister.
Constitutional lawyer Allison Pejovic states that these sweeping restrictions violate Canadians’ right to liberty – protected by section 7 of the Canadian Charter of Rights and Freedoms.
Ms. Pejovic writes that “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.”
Less restrictive measures, such as banning smoking and recreational fires, increasing patrols on Crown land, and improving forest management, could address legitimate fire concerns without violating citizens’ liberty.
The letter cautions that if the province proceeds with “overbroad, arbitrary, and grossly disproportionate restrictions,” the province could face a legal challenge and be brought to heel in court. Ms. Pejovic remarks that “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.”
The letter urges the province to immediately remove the ban on harmless recreational activities on Crown land.
