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Group threatens N.S. with legal action over ‘grossly disproportionate’ woods ban

A national advocacy group is threatening Nova Scotia with legal action over its decision to restrict travel in the woods, a policy that Premier Tim Houston said was necessary to blunt a brutal wildfire season.

The Canadian Constitutional Foundation, which supports legal challenges across the country generally relating to Charter rights, is behind the legal threat, which claims Nova Scotia has overstepped.

The group said it supports a provincial burn ban, but Houston’s prohibition on hiking, camping, fishing and picnicking in the woods is a step too far.

“We’re creating a culture where we value safety above any other value, including our fundamental freedoms, our freedom to move around our communities,” Christine Van Geyn, the CCF’s litigation director, told Global News.

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“And when you put safety, when you describe everything as a safety issue, it means everything can be controlled.”

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The CCF has formally written to Houston’s government, urging it to rescind the travel restriction or face legal action. A petition in support of removing the ban gained more than 2,000 signatures in just 24 hours.

“I’ve heard from a few people about their ability to actually access work,” Van Geyn said.

“So some people will take a route where they don’t have access to transit, and they might not have a vehicle. So they take their bikes through a forested trail to get to work.”

At the same time, Nova Scotia’s tip line to report people breaking the rules has been overwhelmed with calls. The fine for those caught in the woods is $25,000.

That fine, the CCF said, is “grossly disproportionate.”

In a statement, Nova Scotia’s Department of Natural Resources defended its prevention measures and said they were allowed under the Forests Act.

“We are making decisions that are in the best interest of Nova Scotians. Our province is the second most densely populated in the country,” the statement read. “That means wildfire is a greater risk to our people and our communities.”


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