TDF condemns unreasonable government bans on hiking and fishing in provincial parks.
Recently, New Brunswick and Nova Scotia have enacted rules to restrict activities like hiking and fishing in forested areas due to heightened risk of forest fires. Breaking the rules can result in fines of up to $25,000 The restrictions cover both public land and guests who use private property with the permission of the owners.
Under the Canadian Charter of Rights and Freedoms, Canadians have basic mobility rights, rights to free assembly and rights to peaceful use of provincial and national parks. While the government has a legitimate interest in properly managing forests and preventing fires, when seeking to restrict rights, it must implement policies that minimally impair the rights of Canadians to use public land. TDF lawyers have reviewed the restrictions and do not believe that they are constitutionally valid.
TDF litigation director, Mark Joseph, said: "Obviously, the government should take steps to prevent destructive forest fires. However, the courts have ruled that, under our Charter, when a government restricts a legal right, it must do so minimally. Importantly, the infringement must be rational to the policy objective. While a campfire ban is rationally related to the prevention of forest fires, it's not clear to us that banning kayaking, hiking and fishing, for example, prevents forest fires. The blanket ban is likely unconstitutional for this reason alone."
TDF will monitor the situation and, if necessary, may offer to assist those in need of legal representation to fight these onerous fines.
About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.