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HALIFAX – On Friday, the Supreme Court of Nova Scotia issued a decision finding that the 2025 ban on entering the woods to prevent forest fires was unreasonable and therefore unlawful.

Justice Jamie S. Campbell agreed with the Canadian Constitution Foundation (the “CCF”) that the ban limited mobility rights protected by section 6 of the Charter of Rights and Freedoms and that the Minister of the Department of Natural Resources failed to give any consideration to those rights, including how to minimize their impact.

Justice Campbell found that although the minister’s decision could be overturned on the basis of a failure to consider mobility rights alone, he suggested the ban may also have been unconstitutionally vague because it was unclear what qualified as “woods” and therefore which places people could not enter without risking a fine of $28,872.50 and up to six months in jail. Justice Campbell also suggested the ban may have been overbroad because it applied to areas like rock-barren land where there is no risk of fire.

Justice Campbell made clear that the case was never about whether Nova Scotia faced a serious risk of forest fires or whether the government may act to try to prevent them.

“Individual rights insert themselves into the public debate in contexts that can be inconvenient,” Justice Campbell wrote.

“But if the rights of individuals are not safeguarded in those circumstances, they can be eroded in a way that eventually affects everyone,” he added.

Josh Dehaas, Interim Litigation Director for the CCF, said that the decision is a reminder that governments must always consider people’s constitutional rights and freedoms.

“We’re thankful that the court recognized this was an unreasonable decision and we hope it puts governments on notice that they should not take such extreme and confusing measures again,” he said. 

“We are also thankful for everyone who signed our petition, donated to the case – and most especially to our excellent Halifax-based counsel,” he added.

The CCF was represented by counsel Nijhawan McMillan & Conlon Barristers.