Share this Story : National Post Copy Link Email X Reddit Pinterest LinkedIn Tumblr

Chris Selley: Provinces don't need the notwithstanding clause to stomp on our Charter rights

Governments at least have to consider Canadians' basic rights when making policy, says the Nova Scotia Supreme Court

You can save this article by registering for free here. Or sign-in if you have an account.

In August of last year, the Nova Scotia government enacted a ban on going into the woods — any woods, anywhere on public property, for any reason — on pain of a $25,000 fine, because of extreme wildfire risk. To many Canadians, it seemed more than a bit bonkers on its face, never mind taking into account the exceptions.

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Enjoy the latest local, national and international news.

Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.

Unlimited online access to National Post.

National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.

Daily puzzles including the New York Times Crossword.

Support local journalism.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account.

Share your thoughts and join the conversation in the comments.

Enjoy additional articles per month.

Get email updates from your favourite authors.

Create an account or sign in to continue with your reading experience.

Access articles from across Canada with one account

Share your thoughts and join the conversation in the comments

Enjoy additional articles per month

Get email updates from your favourite authors

Sign In or Create an Account

On Friday, Justice Jamie S. Campbell of the Supreme Court of Nova Scotia found the policy to have been unreasonable, arguing the province’s then natural resources minister, Tony Rushton, failed to consider Canadians’ constitutionally protected mobility rights.

Chris Selley: Provinces don't need the notwithstanding clause to stomp on our Charter rights Back to video

Now, about those exceptions. Perhaps most famously, the government took no firm action to remove homeless encampments from otherwise off-limits areas, despite the notoriously high fire risk they pose, and indeed despite at least one wildfire that summer being suspected of starting at such an encampment.

This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)

There was an error, please provide a........

© National Post