What counts as the woods? Judge axes Nova Scotia’s ban that defied ‘commonsense definitions’
Summary
A judge in Nova Scotia ruled that the province’s ban on hiking in the woods during last summer’s wildfires was confusing and violated citizens’ rights. The ban was meant to protect people from wildfires but was found to be unclear and overly broad, leading to fines that were challenged and overturned in court.Key Facts
- Nova Scotia banned hiking in the woods during severe wildfires, with fines up to C$25,000.
- The ban’s definition of “woods” included areas without actual trees, like marshes and scrubland.
- A judge ruled the ban was vague and did not meet legal standards for limiting people’s rights.
- The court found the ban violated the mobility rights protected under Canada’s Charter of Rights and Freedoms.
- Jeffrey Evely, an army veteran, deliberately challenged the ban and was fined C$28,872.50.
- The Justice Centre for Constitutional Freedoms helped Evely win the case in court.
- The judge recognized the emergency but stressed the need to protect individual rights.
- Nova Scotia’s premier said the ban was necessary at the time to keep people and property safe.
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