A man from Nova Scotia has received a fine exceeding $28,000 after intentionally breaching the province's ban on entering wooded areas. Jeff Evely, a resident of Coxheath, stated that his actions were aimed at challenging the provincial order in court. The Nova Scotia government implemented the ban to prevent wildfires during a drought, prohibiting activities such as hiking, fishing, and camping until October 15 or until conditions improve. Additionally, open fires are banned.

The fine for violating the ban, which falls under the Forests Act, is set at $25,000. With the addition of a victim surcharge and HST, the total fine amounts to $28,872.50. Last Friday, Evely visited the Department of Natural Resources office near Sydney and announced his intention to walk into the nearby woods. He recorded the encounter and shared 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," Evely told the official at the office.

In response, the official stated, "I'm ordering you to not," to which Evely asked if anyone would follow him into the woods. He was later seen entering the dense forest before returning to the office, where he was issued a summary offense ticket.

Evely, a retired Canadian Armed Forces veteran and former candidate for the People's Party of Canada, argues that the ban is overly restrictive and constitutes government overreach. "There is no logical connection to the goal of preventing wildfires to barring my sneakers from the woods," he said during an interview at Petersfield Provincial Park, a location he frequently visits with his dog. "It goes too far."

This is not the first time Evely has legally contested a woods entry ban. He previously challenged a similar restriction imposed in May 2023, which was enacted during significant wildfires in Halifax and Shelburne counties that destroyed numerous homes and led to mass evacuations. Following the lifting of that ban, Evely filed for a judicial review of the natural resources minister's proclamation, claiming it infringed on his rights since the wildfires did not affect his Cape Breton community. He also contended that the provincewide ban was arbitrarily enforced.

On January 22, 2024, Nova Scotia Supreme Court Justice Jamie Campbell ruled that Evely lacked standing to bring the case to court, as there were no charges or fines against him at that time. Campbell noted that Evely sought a declaration that the minister's decision was unreasonable and exceeded the authority granted under the Forests Act. However, since the proclamation had been revoked, the court could not declare it invalid.

Evely believes that this time, the court must examine the legality and constitutionality of the restrictions. He is being represented by Toronto lawyer Marty Moore, who leads a team at Charter Advocates Canada, funded by the Justice Centre for Constitutional Freedoms. Moore indicated that they are exploring several legal avenues, including a potential application for judicial review. He stated, "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."

Nova Scotia Premier Tim Houston has defended the ban, stating it was implemented based on expert recommendations. "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," he said.

The Department of Natural Resources emphasized that the decision to impose the ban was not made lightly, citing extremely dangerous conditions. They urged Nova Scotians to take the precautionary measures seriously, noting widespread support for the ban from various sectors and the public.

In addition to Nova Scotia, New Brunswick has also enacted similar restrictions, asking residents to avoid wooded areas as crews combat multiple active wildfires. Newfoundland and Labrador has imposed hefty fines for violations of its fire ban, ranging from $50,000 to $150,000, along with potential prison time. The Canadian Association of Fire Chiefs has stated that such bans are necessary for public safety, emphasizing the importance of caution during wildfire seasons.