The Canadian Constitution Foundation (CCF) is urgently seeking a judicial review challenging Nova Scotia’s provincewide travel ban on entering the woods. The government’s August 5 proclamation makes it illegal to walk, hike, camp, fish, or even picnic in any wooded area of the province without a permit, including both Crown land and for guests on private property. Fines are $25,000 (plus HST).
CCF Counsel Josh Dehaas wrote to Premier Tim Houston on August 6 outlining concerns with the ban, but never received a response.
On Thursday, local counsel retained by the CCF informed the government that the CCF will file for judicial review and ask the court for a hearing as soon as possible. In addition, the CCF has launched an online petition in support of keeping Nova Scotia’s trails open, which has rapidly garnered more than 5,000 signatures.
The CCF will argue 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. The CCF is also concerned that the government has not properly considered or proportionately balanced the impact of the ban on Charter rights and values, including by 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 Christine Van Geyn, Litigation Director for the CCF.
“Fining people thousands of dollars for no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns,” she added. “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.”
Dehaas said that while the government has a legitimate interest in preventing wildfires, “any restrictions imposed must be lawful, proportionate and reasonable.”
“The current travel ban fails to meet these standards,” he added.
The CCF has retained Nova Scotia counsel Nijhawan McMillan & Conlon Barristers for this case.
Those who are interested in supporting this litigation against government overreach can make a tax-deductible charitable donation here: theccf.ca/donate/
Canadian Constitution Foundation
The Canadian Constitution Foundation (CCF) is urgently seeking a judicial review challenging Nova Scotia’s provincewide travel ban on entering the woods. The government’s August 5 proclamation makes it illegal to walk, hike, camp, fish, or even picnic in any wooded area of the province without a permit, including both Crown land and for guests on private property. Fines are $25,000 (plus HST).
CCF Counsel Josh Dehaas wrote to Premier Tim Houston on August 6 outlining concerns with the ban, but never received a response.
On Thursday, local counsel retained by the CCF informed the government that the CCF will file for judicial review and ask the court for a hearing as soon as possible. In addition, the CCF has launched an online petition in support of keeping Nova Scotia’s trails open, which has rapidly garnered more than 5,000 signatures.
The CCF will argue 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. The CCF is also concerned that the government has not properly considered or proportionately balanced the impact of the ban on Charter rights and values, including by 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 Christine Van Geyn, Litigation Director for the CCF.
“Fining people thousands of dollars for no-risk activities like hiking or birdwatching is not a rational way to manage wildfire concerns,” she added. “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.”
Dehaas said that while the government has a legitimate interest in preventing wildfires, “any restrictions imposed must be lawful, proportionate and reasonable.”
“The current travel ban fails to meet these standards,” he added.
The CCF has retained Nova Scotia counsel Nijhawan McMillan & Conlon Barristers for this case.
Those who are interested in supporting this litigation against government overreach can make a tax-deductible charitable donation here: theccf.ca/donate/
4 months ago (edited) | [YT] | 790