Justice Jamie Campbell ruled on 17 April 2024 that the ban, which prohibited hiking, camping, fishing, and using trail systems across most of Nova Scotia from early August to mid-September 2023, breached the right to move freely under the Canadian Charter of Rights and Freedoms. The court found the government failed to weigh the cost of the rights breach against the attempt to prevent wildfires.
The challenge was brought by Jeffrey Evely, a military veteran who intentionally violated the ban to launch a constitutional challenge. Evely, who hikes daily to manage PTSD symptoms, documented his illegal walk in a YouTube video and informed officials in advance. He is represented by the Justice Centre for Constitutional Freedoms (JCCF), a libertarian-leaning group that has taken on controversial cases including the Freedom Convoy.
The ban, announced by Premier Tim Houston, carried a fine of C$25,000, though Evely received a C$28,872.50 penalty including taxes and fees. The province issued permits for forest operators, utilities, and telecom companies to keep using the woods during the ban. The government argued the ban was a reasonable response to a crisis under Section 1 of the Charter, but the court disagreed. Justice Campbell noted, "Someone who wanted to stay out of the woods had to put in some interpretive effort," adding that "the government just wanted people to use common sense. But the ban seemed to defy commonsense definitions."