N.S. premier defends woods ban after court ruling, saying ‘we’ll do that again if necessary’ - BERITAJA

Nova Scotia’s premier is doubling down connected his government’s alleged “woods ban” past twelvemonth during utmost drought conditions and precocious wildfire risk.

The ban, which was imposed connected Aug. 5, 2025, prohibited “entry into the woods for the purposes of travelling, camping, sportfishing aliases picnicking aliases immoderate different purpose,” unless location was a valid recreation permit. The prohibition was lifted successful phases opening Aug. 29, 2025.

Last week, a Nova Scotia Supreme Court judge ruled the prohibition was unreasonable, and “not a fleeting nor insignificant restriction.” Justice Jamie Campbell said the provincewide prohibition did not meet the modular for reasonableness because the authorities grounded to see the effect connected Charter rights.

“I respect that to judge’s decision,” Houston told reporters Thursday.

“But I respectfully besides admit that we were dealing pinch accusation successful an emergency business and we did what we thought was basal astatine that time.”

At the clip of the ban, the state was facing high, very precocious aliases utmost consequence of wildfire — and location was nary rainfall forecasted for the adjacent 10 days.

On Aug. 13, 2025, the Long Lake wildfire successful the Annapolis Valley began. It would yet turn to about 8,500 hectares and destruct 20 homes.

Houston said the state initiated and kept the prohibition arsenic a measurement to thief firefighting crews.

“Most Nova Scotians will retrieve what we were going done past summer: unthinkable drought conditions, occurrence consequence was incredibly precocious crossed the full province, group were evacuated, they were losing homes, location was fearfulness of nonaccomplishment of life. This was an incredibly, incredibly stressful clip for Nova Scotians,” he said.

Houston said the state isn’t readying to entreaty Campbell’s determination but will “always do what is necessary” successful a akin situation.

“I will ever do what is basal to support group safe, to support properties safe each azygous time,” he said. “We’ll make that decision. We’ll do that again if necessary.”

NDP Leader Claudia Chender said Thursday that while she doesn’t responsibility the provincial authorities for taking action during an unprecedented time, she does judge it grounded successful its decision-making.

“The authorities grounded to genuinely understand what the issues were and really champion to reside them, and I deliberation that’s what the tribunal was saying,” she said.

“I dream it will beryllium guidance to this authorities that erstwhile they make large decisions, that effect people’s lives and livelihoods, that they really return the clip to understand and make judge that they’re doing that successful the about effective way.”

‘Pleased by the decision’

The judicial reappraisal was prompted by a law situation revenge by Jeffrey Evely, who was fined much than $28,000 for deliberately violating the ban. The ineligible situation was paid for by the Justice Centre for Constitutional Freedoms.

Evely was outspoken successful his opposition to the prohibition and posted a video of himself stepping into the Department of Natural Resources agency successful Coxheath, N.S., to denote he would beryllium going into the woods successful protest.

“I want to situation this bid successful court, and the only measurement to do that is to get the fine,” Evely said successful the video. “So I’m not trying to make problem for you guys, I conscionable want a portion of Tim Houston and I want to beryllium arsenic accommodating and bully arsenic I could be.”

Evely told BERITAJA this week that he is happy pinch the judge’s decision.

“I thought that it was a beautiful clear usurpation of our rights. I was besides beautiful pleased by the decision,” he said. “I thought the determination was precisely what it should beryllium and it was refreshing to see.”

Evely said the nationalist has mostly been supportive of his actions.

“I’m really pleased pinch the nationalist consequence and it does look to maine that group could spot it for what it is: for illustration the authorities needs to travel the rule too,” he said.

Charter implications

Constitutional master and Dalhousie University rule professor Wayne MacKay said the judge’s findings are concerning.

In his view, MacKay said the state wasn’t weighing nationalist information against Charter rights, because officials didn’t see those authorities astatine all.

“I deliberation that’s benignant of an alarming point from a government,” MacKay said.

“I’m amazed and disappointed that a authorities successful this time and property would not astatine slightest see what are the Charter implications of this.”

The judge’s ruling besides said location was disorder about what qualified arsenic “the woods” successful the ban. Campbell said the province’s meaning of “woods” included stone barrens, for illustration Peggy’s Cove, aliases an area wherever a wood utilized to be.

MacKay said the judge’s determination doesn’t mean a woods prohibition can’t beryllium invoked again successful the future, but it will request to beryllium done correctly.

“You could person the champion origin successful the world that everybody agrees with, but if you don’t do it successful the measurement and don’t return relationship of Charter implications, past it’s going to beryllium struck down,” MacKay said.

Evely’s lawyer, Marty Moore, said the determination serves arsenic a reminder for governments that they must see the Constitution erstwhile making “broad societal affecting orders.”

“That should beryllium a basal first step. It should beryllium connected the minds of each authorities bureaucrat and each authorities minister,” he said.

“It’s perfectly clear that Nova Scotians person mobility authorities to move successful and among the province. And that includes the woods and that those authorities are protected by the Constitution.”

— pinch files from Mitchell Bailey, Kendra Gannon and BERITAJA