Latest news with #ForestsAct
CBC
31 minutes ago
- Politics
- CBC
N.S. man purposely violates ban on entering woods, gets handed $28K fine
Social Sharing A Nova Scotia man has been slapped with a fine worth more than $28,000 after deliberately violating the province's ban on entering woods, 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. WATCH | Nova Scotia isn't the only province telling the public to stay out of the woods: Forest bans in N.B. and N.S. spark backlash, confusion 2 days ago 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.
Global News
4 days ago
- Politics
- Global News
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. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'And when you put safety, when you describe everything as a safety issue, it means everything can be controlled.' Story continues below advertisement 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.'
Toronto Star
28-05-2025
- Toronto Star
Province says not enough evidence for charges in origins of 2023 Halifax wildfire
HALIFAX - The Nova Scotia government has opted against laying charges in relation to the origins of a 2023 wildfire in the western suburbs of Halifax. The Department of Natural Resources says in a release today that it had up to two years to lay charges under the Forests Act, but it had determined there isn't sufficient evidence to secure a conviction.
Winnipeg Free Press
28-05-2025
- Winnipeg Free Press
Province says not enough evidence for charges in origins of 2023 Halifax wildfire
HALIFAX – The Nova Scotia government has opted against laying charges in relation to the origins of a 2023 wildfire in the western suburbs of Halifax. The Department of Natural Resources says in a release today that it had up to two years to lay charges under the Forests Act, but it had determined there isn't sufficient evidence to secure a conviction. In the release, the department also says there is a 'high bar' for what can be used as evidence in court in these cases. Last December, an RCMP investigation determined no criminality in the cause of the wildfire, and the file was passed to the province. A person can be fined up to $500,000 and face up to six months in jail if found to be in violation of the provincial Forests Act. Last August, Natural Resources Minister Tory Rushton said investigators knew the location of the original fire but needed more evidence to lay charges. This report by The Canadian Press was first published May 28, 2025.
CBC
28-05-2025
- General
- CBC
Nova Scotia will not lay charges in Upper Tantallon wildfire
Nova Scotia has announced it will not lay charges under the province's Forests Act in relation to a wildfire that destroyed dozens of homes and led to millions of dollars in damage in suburbs outside Halifax two years ago. In a news release Wednesday, the Natural Resources Department said it has exhausted all avenues and is "unable to lay charges" in the blaze that destroyed 151 homes and burned 969 hectares in the communities of Upper Tantallon and Hammonds Plains. The fire started in the Westwood Hills subdivision on May 28, 2023, and quickly spread through the woods to nearby subdivisions, forcing thousands to evacuate their homes. The province had two years from the date of an offence to lay charges under the act. The department said charges are only laid if there is sufficient evidence to secure a conviction, and there is a high bar for what can be used as evidence in court. Last August, the department issued a public plea for information related to potential violations of the Forests Act that led to the devastating wildfire. It said a considerable amount of information had already been gathered, including from the public, but the investigation could only continue if new information was brought to light about the cause or who might be responsible. Charges under the Forests Act are not criminal charges. An RCMP investigation into the wildfire determined there was no criminality in the cause of the blaze. WATCH | These trees were burned in the Upper Tantallon wildfire. But their legacy lives on: Trees scorched by N.S. wildfires given new life in home builds 1 year ago Duration 6:22 Thousands of trees in Hammonds Plains and Upper Tantallon, N.S., were burned, blackened or destroyed by the wildfires of May 2023. Now some of them are returning in a very different form. The CBC's Aly Thomson has the story. As the blaze burned outside Halifax in 2023, another wildfire was burning on the southwestern end of the province in Shelburne County. It would grow to become the province's largest wildfire on record at 23,379 hectares. In January 2024, the Natural Resources Department charged Dalton Clark Stewart of Villagedale, N.S., with three offences under the Forests Act in relation to that fire. He's facing charges including failing to take reasonable efforts to prevent the spread of a fire and lighting a fire on privately owned land without permission of the owner or occupier.
