On August 5, the government of Nova Scotia enacted a ban on hiking, camping, fishing, and the use of vehicles throughout provincial parks, prompting Canadians to challenge the order as atotn infringement on constitutional rights.
“The most indirect infringement of constitutional freedoms that is evident in the order is your right to liberty,” Marty Moore, senior litigator for the Justice Centre for Constitutional Freedoms (JCCF), told LifeSiteNews during an exclusive interview.
“Banning people from the woods in this particular case is grossly disproportionate, arbitrary and over-broad infringement of Nova Scotia’s right to liberty protected under Section 7 of the Charter,” he continued.
The JCCF is representing Jeff Evely, a Canadian veteran who was fined for walking in the woods. The JCCF will challenge both Evely’s fine and the constitutionality of the ban.
Under the current restrictions, hiking, camping, fishing, and the use of vehicles in Nova Scotia forests is punishable by a $25,000 fine. Access to beaches and non-wooded parks and camping at official campgrounds, such as provincial parks and private campgrounds, is still permitted.
At the same time, “people can use a short trail from a parking lot to a beach but cannot take a long hike through the woods to get to beaches or lakes.” The announcement did not explain its seemingly arbitrary set of rules.
Moore told LifeSiteNews that the ban is especially concerning as it treats every citizen as a problem rather than focusing on those who carelessly leave fires unattended or purposefully commit arson.
Another concern raised by Moore is the order that “was adopted is clearly and expressly premised on the idea of fighting forest fires and, quote, ‘a changing climate.'”
“And so what we see here is a reliance on the climate change narrative to take away people’s freedom,” he continued. “And that is an issue that should be a great concern to all freedom-loving Canadians.”
Moore compared the ban with COVID restrictions, which also curtailed Canadians’ mobility under the name of safety.
“I recall during COVID dealing with COVID lockdowns, for example, in the north of Saskatchewan, where they told people, ‘You’re not allowed to leave your community. You’re not allowed to leave the boundaries of your community,'” he explained.
“And to see this kind of order saying, ‘You’re not allowed to go in the woods because somehow you walking in the woods is a risk of a forest, it constitutes a risk of a forest fire,’ it’s the same kind of faulty logic, in my view,” he declared.
In addition to the upcoming JCCF challenge, the Canadian Constitutional Foundation (CCF) launched a petition to restore access to the forest. The group has also sent a warning letter to Liberal Premier Tim Houston.
“When safety becomes a weapon, everyone loses,” CCF litigation director Christine Van Geyn said. “Nova Scotia’s forest ban is overkill and it’s deja vu. It’s happening now because the government got away with it last time. This is a classic example of safetyism: a mentality where risk becomes an excuse for control, not communication. Once the government sees that overreach is workable, it’s replayed every few years.”
Regardless of backlash and constitutional concerns, Houston has refused to back down. In another similarity to COVID, Houston defended the ban by claiming it was recommended by “experts.”
“The experts came to me and said their recommendation is we should restrict travel and put some serious fines on there to keep people safe, to keep properties safe and to really just support our firefighters and first responders,” he said, according to CBC.
“So the experts gave the advice, I agreed with it. I’m happy to make sure that we’re doing everything we can to protect people, to protect property and try to just get through this fire season and really just pray for rain,” Houston continued.
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