The Cape Breton man who challenged the Nova Scotia government over last year’s controversial woods-walking ban has declared victory.
Jeff Evely won his case on April 17, overturning a $28,872.50 fine he received in 2025 for defying the province’s blanket restriction on entering wooded areas amid heightened wildfire risk.
In a Facebook video, Evely celebrated with followers: “We got a win for freedom there yesterday, a win for the future of Canada.”
The court ruled the government failed to consider Canadians’ Charter rights when imposing the ban, finding no evidence officials ever considered those fundamental freedoms.
Evely accused the government of prioritizing lawsuit risks, letting certain industries operate in wooded areas while barring the public entirely.
In the judicial review, Justice Jamie Campbell highlighted a key flaw: what exactly constitutes “the woods” under the law?
Campbell ruled the vague messaging confused the public about restricted areas, deeming the government’s action an overreach.
Evely’s lawyer, Marty Moore, stressed that even in crises, governments must uphold basic rights and freedoms.
Evely proved the restrictions were overly broad and unconstitutional—the court agreed, revoking the fine completely. “It has always been the case that freedoms need to be asserted,” he says. “It feels good to get a win for Canada.”
