A Nova Scotia man has been slapped with a fine worth more than $28,000 after deliberately violating the province’s ban on woods travel, a move he says was necessary to challenge the provincial proclamation in court.
In an effort to prevent wildfires in the midst of a drought, the Nova Scotia government has imposed a ban on anyone entering the woods — including hiking, fishing and camping — until Oct. 15 or until conditions improve. There is also a ban of open fires.
The fine for violating the proclamation under the Forests Act is $25,000. A victim surcharge and HST also apply to the fine, bringing the total to $28,872.50.
Last Friday, Jeff Evely of Coxheath, N.S., arrived at the Department of Natural Resources office just outside Sydney and declared he would be walking into the woods nearby. He recorded audio and video of his encounter and posted it on his Facebook page.
“I want to challenge this order in court, and the only way for me to do that is to get the fine. I’m not trying to make trouble for your guys,” he told the official.
“I’m ordering you to not,” the worker replied.
“Does somebody want to follow me out there?” asked Evely.
He is later seen walking into dense woods before heading back into the office. Evely is then handed a summary offence ticket.
Evely, a retired veteran of the Canadian Armed Forces who ran as a candidate for the People’s Party of Canada in the April federal election, argues the ban is too restrictive and an example of government overreach.
“There is no logical connection to the goal of preventing wildfires to barring my sneakers from the woods,” said Evely in an interview at Petersfield Provincial Park, where he regularly walks his dog.
“It goes too far.”
This isn’t the first time Evely has legally challenged a ban on entering the woods. In fact, it was the outcome of that case that led him to purposely violate the restriction this time around.
A similar ban was put in place in May 2023 as two major wildfires burned in Halifax and Shelburne counties, destroying hundreds of homes and forcing the evacuation of thousands of people.
In an effort to prevent more wildfires, two Atlantic provinces are telling people to stay out of the woods. New Brunswick has joined Nova Scotia in restricting activities like hiking and fishing in forested areas. These bans are causing confusion and sparking legal threats.
About two weeks after the ban was lifted, Evely filed an application for judicial review of the natural resources minister’s proclamation, arguing his rights were infringed since the two wildfires did not impact his Cape Breton community. He also argued the provincewide ban was put in place arbitrarily.
In a decision dated Jan. 22, 2024, Nova Scotia Supreme Court Justice Jamie Campbell ruled Evely did not have standing, meaning he did not have a legal basis to bring the case to court, given there were no charges or fines against him.
Campbell noted Evely was seeking a declaration saying that the minister’s decision was unreasonable and beyond the authority granted under the Forests Act.
“But the proclamation issued by the minister has been revoked. The court cannot declare something invalid that is no longer in force,” Campbell wrote.
He ruled the application therefore could not proceed.
Evely said he believes the court has no choice this time around but to examine the legality of the restrictions and whether they are constitutional.
Toronto lawyer Marty Moore will help represent Evely. Moore leads a team of lawyers at Charter Advocates Canada, which is funded by the Justice Centre for Constitutional Freedoms.
Moore said there are a few avenues they may take, including an application for a judicial review. The team is reviewing the case and will decide how to proceed in the coming days and weeks.
“It’s an arbitrary restriction. It’s not rationally connected to stopping forest fires, by preventing people from doing activities that have nothing to do with the creation of forest fires,” said Moore.
“You can’t cause a forest fire simply by walking through the forest. And in fact, you might be in a position to prevent a forest fire by reporting an early combustion or even reporting someone who’s intentionally going out into the woods to set a forest fire.”
Moore said he believes Evely does have standing for a judicial review in this case, given he was issued a summary offence ticket and fined.
‘Widespread support’ for ban: Natural Resources
Nova Scotia Premier Tim Houston has said the ban was put in place following recommendations from experts.
“So the experts gave the advice. I agreed with it. I’m happy to make sure that we’re doing everything we can to protect people, to protect property and try to just get through this fire season,” Houston told reporters last week.
In a statement Tuesday, the Department of Natural Resources said the decision was not made lightly. It said the current conditions are extremely dangerous.
“We’re asking all Nova Scotians to take seriously the precautionary measures we’ve put in place.… Our teams and experts analyze data on a daily basis to make the best decisions for the protection of Nova Scotians and their homes and communities,” the statement said.
“We have seen widespread support from across multiple business sectors and from Nova Scotians who want to do the right thing.”
Bans also in place in N.B., N.L.
Ken McMullen, president of the Canadian Association of Fire Chiefs, said such bans are imposed for a reason and it’s better to err on the side of caution.
“I know that this might appear inconvenient. I understand that it might seem over the top. The reality is desperate times may call for desperate measures,” said McMullen, who is fire chief for the City of Red Deer in Alberta.
Scott Tingley, manager of forest protection with Nova Scotia’s Department of Natural Resources, has repeatedly noted that the vast majority of the province’s forest fires — 97 per cent — are caused by humans.
Newfoundland and Labrador, where multiple wildfires are burning, has vowed to impose lofty fines on people who violate its fire ban. Fines now range from $50,000 to $150,000, as well as up to a year in prison.
New Brunswickers are being asked to stay out of the woods, and the province has banned all access to Crown land as crews battle 10 active wildfires, including two major ones. But it has not imposed a hefty fine.
