N.S. ban on entering woods was unreasonable: court

A Nova Scotia judge has ruled the province’s decision last year to ban most people from entering the woods to prevent wildfires during an extreme drought was unreasonable.

The judicial review from the Nova Scotia Supreme Court says the provincewide ban imposed in August 2025 did not meet the standard for reasonableness because the province failed to consider the impact on Charter rights.

In a decision released Friday, Justice Jamie Campbell said it was clear the ban limited the right of citizens to move freely within Canada – a right protected under Section 6 of the Charter of Rights and Freedoms.

Campbell’s ruling says Premier Tim Houston’s government had considered the rights of commercial users by establishing a permit system for those who earn their livelihoods from the woods.

But the judge found no consideration was given to the potential impact on the mobility rights of those who use the woods for purposes other than commercial gain.

The ruling stems from a constitutional challenge filed by lawyers representing Nova Scotia resident Jeffrey Evely, who was fined more than $28,000 for deliberately violating the ban by walking into the woods near Sydney, N.S., and then posting a video on social media.

The judge’s decision did not strike down the ban because it is no longer in effect, but Campbell said his ruling could provide guidance for the government should it try to impose a similar ban in the future.

This report by The Canadian Press was first published April 18, 2026.