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HALIFAX: The Canadian Constitution Foundation (CCF) is pleased to have been granted public interest standing to challenge Nova Scotia’s province-wide ban on entering the woods.

The Court will hear the CCF’s proposed judicial review of Nova Scotia Premier Tim Houston’s August 5 proclamation, which bans walking, hiking, camping, fishing, picnicking and merely entering into wooded areas of the province without a permit, including when visiting private property.

The Forests Act provides that violating the proclamation is punishable on summary conviction by a fine of up to $500,000 or imprisonment up to six months. The government has indicated that they will be issuing tickets in the amount of $25,000.

The CCF will argue the ban exceeds the government’s powers under the Forests Act, is unconstitutionally vague and overbroad, and fails to proportionately balance Charter rights.

“We’re pleased that Justice Norton recognized the importance of the CCF’s proposed judicial review on behalf of all Nova Scotians,” said CCF Litigation Director Christine Van Geyn.

“The Forests Act doesn’t give the government the power to shut down access to all wooded areas across the province and the government is required to properly balance people’s rights with their objectives,” she added.

On August 6, the CCF sent a letter to Premier Houston outlining concerns with the sweeping ban, and on August 7 launched an online petition to repeal the proclamation, collecting more than 5,500 signatures.

The CCF will return to court on September 2 to set a date for the hearing of the judicial review.

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