The Nova Scotia government has withdrawn a nearly $29,000 ticket issued to a man charged under the province's controversial 2025 "woods ban," bringing an end to a legal battle that culminated in a court ruling declaring the restrictions unconstitutional.
The Justice Centre for Constitutional Freedoms announced Wednesday that Crown prosecutors have dropped enforcement proceedings against Jeffrey Evely, who became the first person charged under the provincewide prohibition on entering wooded areas during wildfire season.
Evely had faced a penalty of $28,872.50 after being ticketed under the emergency order.
The matter had been scheduled to return to Nova Scotia Provincial Court on July 22, where lawyers representing Evely planned to argue whether the province could continue pursuing penalties stemming from a government proclamation that had already been struck down by the courts.
Earlier this year, the Supreme Court of Nova Scotia ruled in Evely's favour, finding the provincial government acted unreasonably when it imposed sweeping restrictions on access to wooded areas without adequately considering Canadians' Charter rights.
The court concluded the measure engaged constitutionally protected freedoms, including mobility rights, and invalidated the proclamation.
With the underlying order now struck down, the province has abandoned its effort to collect the fine.
Constitutional lawyer Marty Moore, who represented Evely through lawyers funded by the Justice Centre, said the withdrawal was the logical outcome following the court's ruling.
"This outcome confirms what should have been clear after the Supreme Court's ruling: governments cannot continue enforcing penalties that arise from unconstitutional state action," Moore said.
"Mr. Evely stood up not only for himself but for the principle that emergency measures do not place governments above constitutional limits. We are pleased to see the province finally bring this matter to a close."
Evely said the case underscored the importance of citizens defending their constitutional freedoms.
"Rights need to be asserted. That has always been the case," he said. "We have a sacred, civic duty to safeguard our inheritance for future generations."
The legal challenge drew national attention during Nova Scotia's wildfire response and became a test case for the limits of government authority during emergency situations.
The Justice Centre said the withdrawal of the ticket brings the enforcement proceedings to an end and closes one of the most prominent legal challenges arising from Nova Scotia's wildfire restrictions.
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