The Supreme Court of Nova Scotia has struck down the province’s previous blanket ban on entering the woods during a spate of wildfires last year, holding that the grounds for it were “unreasonable” and failed to properly consider constitutional rights.
The April 17 decision from Justice Jamie Campbell held that the ban was overly broad and “limited the mobility rights of Nova Scotians to move freely around the province,” and was therefore deemed unreasonable.
“There was no evidence in the record that when the Minister issued the proclamation there was any consideration given to mobility rights, how the ban could limit those rights and how the ban could be drafted in a way to minimize the limitations on mobility rights,” Campbell wrote….