Nova Scotia will not lay charges in Upper Tantallon wildfire

Nova Scotia has made the decision not to pursue charges under the province’s Forests Act in connection to a devastating wildfire that ravaged suburbs outside of Halifax two years ago. The fire, which destroyed 151 homes and burned 969 hectares in the communities of Upper Tantallon and Hammonds Plains, resulted in millions of dollars in damages and forced thousands to evacuate their homes.

The fire, which began in the Westwood Hills subdivision on May 28, 2023, quickly spread through the wooded areas to nearby subdivisions, causing widespread destruction. Despite a two-year window to lay charges under the Forests Act, the Natural Resources Department has determined that there is insufficient evidence to secure a conviction. Charges under the act can only be laid if there is a high level of evidence that can be used in court.

Last August, the department issued a public plea for information related to potential violations of the Forests Act that may have led to the wildfire. While a significant amount of information was gathered, including input from the public, the investigation could only proceed if new information surfaced regarding the cause or those responsible for the fire.

It is important to note that charges under the Forests Act are not criminal charges. An RCMP investigation into the wildfire concluded that there was no criminal activity involved in the blaze. In contrast, another wildfire that was burning in Shelburne County, on the southwestern end of the province in 2023, led to the province’s largest wildfire on record at 23,379 hectares.

In January 2024, the Natural Resources Department charged Dalton Clark Stewart of Villagedale, N.S., with three offences under the Forests Act in connection to the Shelburne County fire. Stewart is facing charges that include failing to take reasonable efforts to prevent the spread of a fire and lighting a fire on privately owned land without permission of the owner or occupier.

While the decision not to lay charges in relation to the Halifax wildfire may disappoint some, it is crucial to adhere to the legal standards required to pursue convictions. The aftermath of the wildfire serves as a reminder of the importance of fire prevention measures and responsible land management practices to mitigate the risk of future disasters.