Constitutional rights group challenges Nova Scotia woods ban
An advocacy group for constitutional rights is seeking an immediate judicial review to challenge Nova Scotia’s province-wide travel ban on entering the woods amid threats of potential wildfires.
An advocacy group for constitutional rights is seeking an immediate judicial review to challenge Nova Scotia’s province-wide travel ban on entering the woods amid threats of potential wildfires.
The Canadian Constitution Foundation announced on Thursday that it retained local counsel to file for judicial review of the travel ban, asking the court for a hearing as soon as possible.
Nova Scotians were ordered to stay out of the woods, including those located on their own private property, or face fines of up to $25,000 earlier this month.
“We’re telling Nova Scotians; stay out of the woods. We are restricting travel and activities that really aren’t necessary for most of us, hiking, camping, fishing and the use of vehicles in the woods are not permitted,” said Nova Scotia Premier Tim Houston during a press conference on August 5.
“Trail systems through woods are off limits. Camping is allowed, but only in official campgrounds.”
The CCF first responded by launching an online petition in support of keeping Nova Scotia’s trails open, which quickly garnered more than 5,000 signatures.
CCF Counsel Josh Dehaas wrote to Houston on August 6 outlining concerns with the ban; however, the premier never responded.
According to Dehaas, while there are legitimate concerns about preventing wildfires, “any restrictions imposed must be lawful, proportionate and reasonable.”
“The current travel ban fails to meet these standards,” he said.
The CCF noted that “Nova Scotia’s Forests Act cannot be used to restrict access to all land meeting the very broad definition of ‘woods' and only allows for targeted restrictions in specific zones.”
Additionally, the group expressed concerns that the provincial government has failed to properly consider the impact of the ban on Charter rights and values.
In particular, the CCF takes issue with the government “creating an offence punishable by imprisonment which is unconstitutionally vague and overbroad.”
“Sweeping restrictions like these undermine trust in public safety measures and raise serious questions about government overreach,” said CCF litigation director Christine Van Geyn.
“Fining people thousands of dollars for no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns. The Forests Act doesn’t give the government the power to shut down access to all wooded areas across the province, and it certainly doesn’t allow that kind of power to be used without proper justification.”
At least 12 people have been issued fines for violating the woods ban so far, totalling $150,000.
The CCF has retained Nova Scotia counsel Nijhawan McMillan & Conlon Barristers for this case.
“Fining people thousands of dollars for no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns. " It is a real way to lock down and restrict people which is the real goal, not unlike the plandemic.
This should be interesting. Will the corrupt, supine and entitled judiciary dare to find their balls?
And will it be too little too late? An immediate injunction is now already justice delayed, and therefore denied. What is worse is that A C (After COVID) the state feels it can get away with anything, from lawfare, to seizing bank accounts, to stifling free speech and burning churches.
How can Bolsheviks be stopped? Perhaps history holds an answer. Significantly, once tipping point had been reached, it took Russia and China 80 years of GULAG Hell to overcome them. And that was accompanied by several miracles.
I do not see miracles ahead for the Governorate of Canada.