The ban on going to the forest in Nova Scotia decroissued as an excessive measurement

Since Tuesday. Nevertheless, forest activities have been strictly prohibited in Nova Scotia, under penalty of a fine of $ 25,000.

The provincial government maintains that these measures are necessary against forest fires, because of the very dry conditions that persist.

He therefore prohibited activities in the woods – such as hiking. Furthermore, fishing, the use of all -terrain vehicles and camping outside the fields of camping – And closed the trails.

Open in full screen

The decision was welcomed with disbelief, confusion and frustration. For example, Jurists observe that measures raise questions of respect for fundamental freedoms.

Of the experts – Ban going forest nova scotia

The Prime Minister of Nova Scotia, Tim Houstonclaims to have followed the recommendation ofexperts.

Experts came to see me. For example, recommended to restrict travel and impose heavy fines on people, to keep them safe, keep their properties safe, and support our firefighters and our first respondershe said at a press conference on a completely different subject ban going forest nova scotia to CharlottetownPrince Edward Island on Friday.

The experts gave me these advice, and I agreeda dit Tim Houston.

Citizens are expressed

Julissa Stewarta citizen of Louisdale In CAP-Breton. Furthermore, calls on the public to mobilize against these measures which it considers being excessive.

It is one thing to go outside to smoke a cigarette and throw your megot on the ground. However, It’s another one to go take a walk in the woodsaid in an interview on Thursday. For example, the resident of the small community of the county of Richmond.

Open in full screen

She claims to be opposed to forest fire prevention measures. Consequently, but rather to the extent of what the progressive-conservative government of Nova Scotia decided.

Prohibiting total access to the forest is in my opinion an extreme. In addition, excess. Therefore, I think it encroaches on freedom of movement.

I do not. think it is reasonable to completely prevent people from going to the woods. I do ban going forest nova scotia not think that a general ban on any external activity. in particular those which do not cause risk of fire, is reasonablesupport Julissa Stewart.

Open in full screen

According to the 2021 census. around 41 % of residents in Nova Scotia live in a rural environment.

Julissa ban going forest nova scotia Stewart Relevant judge to determine whether. not the decision of the provincial government respects the fundamental freedoms guaranteed by the Canadian Charter of Rights and Freedoms.

Judicial dispute

The prohibitions announced in Nova Scotia seem excessive. according to the Canadian Association of Civil Liberties (ACLC), an independent organization fighting against violations of rights, discrimination and abuse of power.

Open in full screen

In the event of a judicial dispute. it will be up to the province to demonstrate that the measures chosen to achieve its objective are necessary and encroach as little as possible on the rights guaranteed by the Canadian Charter of Rights and Freedoms, failing which these measures will be invalidated by the courtsexplains Anaïs Bussières McNicolldirector of the Program of Fundamental Liberties at theACLC.

Wayne MacKayprofessor emeritus of constitutional law at the university Dalhousieis not surprised to see. a rapid challenge to the ban going forest nova scotia decree of the government of Nova Scotia.

Is what they do is more restrictive than necessary to achieve this. objective? This is the kind of debate on the facts that would take place in a legal challenge.

In an interview. he recalled that the fundamental freedoms stated in the Charter are not total, and that they have certain limits.

In this case. the government Houston Affirms that its objective is to prevent forest fires to arise, or at the very least to reduce the number of major fires.

Open in full screen

It is a rather convincing objectivehe observes. which leaves only one real question : the government’s decision is it proportional At the risks he says he wants to fight?

Is this the kind of thing that is absolutely necessary to obtain the results that everyone wants. that is to ban going forest nova scotia say to limit or eliminate forest fires before they start? Is this the necessary way to act, or does it act like this or that implies too many sacrifices?continues the lawyer.

It’s always difficult to predict what a court would decide,, that Wayne MacKay.

The university’s legal aid service Dalhousie has also expressed reservations in recent days on the ban on going to the forest. stressing that homeless people live in the woods.

Open in full screen

Dalhousie Legal Aid Also said that courts have already ruled that to force people to leave the place where they live without offering them alternative could contravene the Canadian Charter of Rights. Freedoms.

According to Scott TingleyDirector of forest protection at the Ministry of Natural Resources of Nova Scotia. the drought is at the moment worse than the one that prevailed in 2023 when two major fires declared themselves: that of the lake Barrington in the county of Shelburne – The most destructive in the history of the province – and another in the suburbs of Halifax.

Scott Tingley ban going forest nova scotia Specifies that almost all forest fires. brush fires in Nova Scotia are caused by human activity, unlike other provinces, where it is most of the time that of lightning.

According to the report ofAnjuli Patil (CBC)