HALIFAX, NS: The Justice Centre for Constitutional Freedoms announces that the Supreme Court of Nova Scotia has struck down the province’s sweeping 2025 ban on entering the woods, ruling that the government acted unreasonably and failed to consider the Charter rights and values affected by the ban.
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 for walking in the woods under the province’s blanket prohibition.
In its ruling, the Court found that the province’s decision-making process was 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 emphasized that while governments may act in response to emergencies, they must still consider the impact of their decisions on Charter rights.
The Court held that the ban engaged section 6 mobility rights under the Charter, as it restricted Nova Scotians from moving freely throughout the province. It also held that section 7 rights were potentially engaged. However, the Minister failed to consider these rights when imposing the restriction. The ruling makes clear that when Charter rights are engaged, decision-makers must weigh those rights in a meaningful way, and failure to do so renders a decision unreasonable.
The Court also found the province’s blanket ban on entering “the woods” to be overly broad and lacking clarity, exposing ordinary Canadians to severe penalties without clear guidance. The decision noted that the ban “limited the mobility rights of Nova Scotians to move freely around the province,” an impact that was not meaningfully 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 It is no longer in force, so no further order is required.”
Reacting to the Court’s decision, Mr. Evely said, “True, loving Canadian patriots understand that we all have a sacred, civic duty to safeguard these rights and freedoms we’ve inherited for future generations. That’s why we sign ‘we stand on guard for thee.’ This decision is a win for the future of Canada, and I am very happy to have had the opportunity to do right by those who went before me.”
Constitutional lawyer Marty Moore said the ruling confirms that governments must respect fundamental freedoms, even during 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.’”
“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,” he added.
Mr. Moore said the ruling should also have immediate consequences for Nova Scotians affected by the ban.
“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.”
This case was made possible by the generous support of donors. Please consider making a tax-deductible donation to help the Justice Centre continue funding lawyers to defend Canadians’ Charter freedoms.
