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HALIFAX – Starting Monday, the Canadian Constitution Foundation (CCF) will appear at the Supreme Court of Nova Scotia challenging the government’s province-wide ban on entering the woods, which prevented residents from hiking, fishing, picnicking, and birdwatching, including on private land, for more than two months in the summer of 2025. 

The CCF will argue that the ban violated section 7 of the Charter of Rights and Freedoms (life, liberty, and security of the person), exceeded the Minister’s powers under the Forests Act, and was proclaimed without any consideration of Charter rights.

On August 5, 2025, Natural Resources Minister Tory Rushton issued a Proclamation under section 25(1) of Nova Scotia’s Forests Act, prohibiting entry into any and all woods across the province without a government-issued permit. The order remained in effect in parts of the province as late as October 15.

Under the Forests Act, breaching restrictions could carry penalties of up to $500,000 in fines or up to six months in prison. The province stated it would have zero tolerance for violating the Proclamation, while at the same time offering confusing guidance about exceptions to the rules. At least one person was issued a $28,872.50 ticket for defying the ban. 

Josh Dehaas, Interim Litigation Director for the CCF, who is travelling to Halifax for the hearing, said the ban violated the Charter-protected right to liberty because it threatened imprisonment despite the Forests Act offering no clarity on what places count as “woods,” and because the Proclamation offered contradictory guidance on what activities were actually banned. 

“The Proclamation was overbroad and beyond the powers of the Minister as it applied throughout the province despite a range of fire risk, and to activities that did not pose any fire risk like gathering to celebrate a birthday at a private residence or walking a dog on a municipal trail,” Dehaas explained. 

“Making matters worse, the Minister failed to even consider the numerous Charter rights that may be impacted including Aboriginal rights, freedom of movement and equality,” Dehaas added. “The court has been clear that decisions are not reasonable if apparent Charter rights are not considered. 

“This case is fundamentally about ensuring governments respect the rule of law and don’t run roughshod over people’s freedoms just because it may be convenient for them,” Dehaas added.

The day after the forest ban was announced, Dehaas wrote to Premier Tim Houston and Minister Rushton outlining concerns, and never received a response. The CCF also launched a petition calling on the province to restore access to forests, which gathered thousands of signatures from Canadians.

The CCF is represented in this case by Nova Scotia counsel Nijhawan McMillan & Conlon Barristers.