EXCLUSIVE: Jeffrey Evely disposing of ticket after constitutional win
(Courtesy of Jeffrey Evely)

Lawyers funded by the Justice Centre had intended to appear at the upcoming hearing to address what effect the Supreme Court of Nova Scotia’s earlier constitutional ruling would have on Mr. Evely’s ticket and whether the province could continue pursuing penalties arising from a proclamation that had already been struck down.

Mr. Evely became the first person charged under the province’s sweeping prohibition on entering wooded areas during wildfire season and faced a penalty of $28,872.50.

Earlier this year, the Supreme Court of Nova Scotia ruled in favour of Mr. Evely’s constitutional challenge to the province-wide prohibition, concluding that the government acted unreasonably by failing to meaningfully consider Charterrights before imposing the restrictions. The Court struck down the proclamation and found that the measure engaged protected freedoms, including mobility rights.

Constitutional lawyer Marty Moore welcomed the decision. “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,” said Mr. Moore.

“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.”

Mr. Evely welcomed the Crown’s decision to withdraw the ticket, saying, “Rights need to be asserted. That has always been the case. We have a sacred, civic duty to safeguard our inheritance for future generations.”

The Justice Centre thanks its supporters and donors for making this case possible. Their generosity enables lawyers funded by the Justice Centre to defend Charter rights and freedoms and ensure that Canadians can challenge government action in the courts.

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