Houston says woods ban was ‘completely appropriate’ in response to court ruling
Posted Apr 23, 2026 01:30:17 PM.
Last Updated Apr 23, 2026 02:33:24 PM.
The premier says his government did what was necessary during an emergency situation when it enacted a ban on entering the woods to prevent more wildfires.
A decision last week from the Nova Scotia Supreme Court found that the ban, announced in August 2025, was unreasonable because the province failed to consider the impact on charter rights.
Justice Jamie Campbell said it was clear the ban limited the right of citizens to move freely within Canada.
“That was the judge’s decision and I respect that,” Houston told reporters after a Thursday morning cabinet meeting. “We always consider the rights of individuals, always, every single time, but we always look for ways to keep people safe. Public safety may not be the primary consideration of others, but it is the primary consideration of me and our government.”
The ban prohibited entering the woods, enforced by a fine of more than $28,000.
A permit system for entry into the woods was created for commercial users, but the judge found no consideration was given to the potential impact on the mobility rights of those who use the woods for purposes other than commercial gain.
“The decision (to impose the ban) may have been justifiable had those rights and values been considered and balanced against government objectives at the time,” Campbell wrote.
Houston said, given the situation at the time, including raging wildfires, drought conditions, no rain in the forecast, and firefighting teams stretched thin, his government did what it needed to do.
“I did what I thought was necessary as premier to support our firefighters, to keep people safe, to keep property safe, and that was the woods ban,” Houston said. “That was completely appropriate in those circumstances, in that moment, based on the information I had.”
The challenge of the ban was paid for by the Justice Centre for Constitutional Freedoms on behalf of Jeffrey Evely, who was fined for deliberately violating the ban by walking into the woods near Sydney and then posting a video on social media.
JCCF lawyer Marty Moore, who represented Evely in the challenge, said the crux of his argument centred around how broad the ban was, and the lack of consideration for non-commercial users of the woods.
“The woods, what you might think of as the woods, stands of trees, were not what was just covered, the statutory definition covered rock, barren, bog, marsh, approximately 85 per cent of the province was covered by this overbroad travel ban,” Moore told 95.7 NewsRadio. “And most importantly, where were the constitutional considerations for the rights of everyday Nova Scotians?”
“We know that they were considering the rights of the forestry industry, but when it came to the rights of Nova Scotians who utilize the woods for their enjoyment and recreation, that was completely overlooked,” Moore said.
The premier said he was not aware of any plans to appeal the decision.
With files from The Canadian Press
