By Christine Van Geyn

On August 5, Nova Scotia Premier Tim Houston announced a sweeping and irrational measure: a province-wide ban on entering the woods until October 15. Enacted by proclamation under the Forests Act, the order prohibits hiking, fishing, birdwatching and picnicking. Even inviting family or a friend onto your own forested private land could result in a staggering $25,000 fine.

The rationale? An elevated wildfire risk.

Yes, Nova Scotia has experienced a hot, dry summer, and the devastating 2023 wildfires remain fresh in the public consciousness. Let’s be clear: banning actual fires makes sense. So does restricting the use of vehicles like ATVs that might ignite brush through hot exhaust. Burn bans are common across Canada during dry seasons, and they make sense.

But a blanket ban on walking in the woods is nonsensical. Walking doesn’t cause fires. Banning people from stepping foot in any forest, whether on Crown land or private property, is an unjustified overreach. It’s not fire prevention. It’s performative panic.

This ban is so broad it even applies to places like rock barrens; landscapes with little or nothing flammable. The ban has generated confusion and fear. People don’t know where they can legally go, or what might trigger a fine larger than those handed out for many criminal offences.

Compare Nova Scotia’s heavy-handed approach to that of British Columbia, a province with frequent and destructive wildfires. In BC, wildfire response is guided by clear, targeted area restrictions. When fires are active, exclusion zones are created, with maps showing exactly where and what activities are restricted. It’s precise. It’s rational. It respects the public’s ability to understand and follow reasonable rules.

Nova Scotia, on the other hand, currently has four wildfires, all under control. And yet the government has closed off all forests in the province, even in regions with no active fires. This kind of blanket restriction is not just unnecessary – it’s dangerous to public trust.

When governments impose rules that are absurd or disproportionate, they risk undermining respect for rules that do make sense. People stop listening. And when no one takes fire bans seriously, the entire effort to prevent fires can backfire.

This isn’t just poor policy, it may also be illegal.

Access to Crown land in Canada is a regulated right. Provinces can impose restrictions, but that power must be exercised reasonably, lawfully, and for the purposes intended by the legislation. Administrative law requires that discretion be justified, transparent, and rational.

The Forests Act permits travel restrictions into specific zones. But a province-wide ban on all forest access, including activities that carry no real risk. is likely beyond what the law allows. And it may violate constitutional rights, including liberty under section 7 of the Charter, and potentially Aboriginal and treaty rights under section 35.

There’s even a government tip line encouraging people to report suspected forest walkers. Sound familiar? It should. This kind of “snitch culture” dominated the COVID-19 era, when we were told to

report neighbours for hosting family dinners. Once again, safety is being weaponized to justify authoritarianism.

This ideology is sometimes called safetyism. It elevates protection from harm above all else, even at the cost of freedom, dignity, and common sense. Safetyism is what allows governments to lock people out of public spaces, close schools, crush small businesses, and trample civil liberties, so long as the claim it is “for your own good.”

It’s time to push back.

The Canadian Constitution Foundation has written to Premier Houston urging him to rescind this overbroad and irrational ban. We’ve also launched a petition, which you can sign at theccf.ca/restore-access-to-NS-forests. And we’re exploring legal action to challenge the province’s actions in court.

The real tragedy here is how many people are defending these measures. Some say, “Well, if people go for a walk, they might also light a fire or smoke a cigarette.” That’s like saying people shouldn’t drive because they might run someone over. You don’t ban walking. You ban the dangerous behaviour.

When governments treat everything as dangerous, everything becomes subject to control. But when safety becomes an excuse for state overreach, everyone loses.

Ban fires, not freedom. Nova Scotia needs to repeal the forest lockdowns.

Christine Van Geyn is a Canadian lawyer and bestselling author. She is the host of the national broadcast television program Canadian Justice, a YouTuber, Podcaster, and professional speaker.