Constitution Foundation demands Nova Scotia repeal woods restrictions

An organization is calling on the provincial government to reconsider its ban on activities in the woods.

The Canadian Constitution Foundation (CCF) says it has sent a letter to the premier and natural resources minister, outlining the organization’s concern that the ban “arbitrarily infringes on the rights and freedoms of Nova Scotians.”

On Tuesday, Premier Tim Houston announced a ban on things like hiking, camping, fishing and the use of vehicles in forests, with violations punishable by a large fine. Similar restrictions were implemented during the devastating 2023 wildfire season, and restrictions on wooded hiking trails were also used in 2001 and 2016, albeit with a much lower fine for violations.

“The Nova Scotia government is threatening ordinary citizens with $25,000 fines for hiking, even though this poses virtually no threat of starting a fire,” said CCF Counsel Josh Dehaas. “We are calling on the government to rescind these draconian measures and let Nova Scotians safely enjoy their world-famous forests for the remainder of the summer and beyond.”

The organization is a non-profit advocating for individual freedoms and constitutional rights in Canada.

This ban is in place alongside a fire ban that is set to last until October 15 or until the “tinder dry” conditions change.

“As a society, we must do everything possible to protect each other, to protect our communities, to protect property and of course to protect lives,” Houston said earlier this week. “The experts have advised, and we agree, that more precautionary steps are required.”

In a statement to CityNews Halifax, the Department of Natural Resources says Nova Scotia is the second most densely populated province and so wildfires present a great risk to people and communities.

“Given how dry conditions are, there is potential for a wildfire to become so out of control that it cannot be managed without significant rainfall – no matter how many human and equipment resources we have. We do not want to be in that position,” reads the statement. “There is no significant rain in the near term forecast, so prevention is the best medicine.”

In June, Environment Canada took stock of how dry it was getting across Atlantic Canada, specifically saying that Nova Scotia received less than 85 per cent of normal precipitation.

The department says the Forests Act authorizes the minister to take the prevention measures put in place through the issuance of proclamations under the Act.

The CCF says in addition to circulating a petition calling for the government to rescind the ban, it will look into future legal action if the restrictions remain in place.