A Mississauga grass by-law has been struck down over freedom of expression
It’s a big win for the natural gardening community
An Ontario Superior Court judge has ruled in favour of a Mississauga homeowner whose naturalized front garden had become the source of legal turmoil.
Wolf Ruck’s long grass may have appeared overgrown, but Ruck had intentionally cultivated a pollinator-friendly yard. He is part of the natural gardening community, which prioritizes ecological function over landscaping aesthetics.
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As reported by the Toronto Star, the city cut Ruck’s grass without permission, citing a by-law that instructs homeowners to keep their lawns shorter than 20 centimetres. Ruck received a bill for the city’s uninvited maintenance, which was added to his annual property taxes, and went to court to fight it. This week, Superior Court Justice Michael Doi decided that Ruck does not have to pay the charges and that he is allowed to keep his yard in a natural state.
Doi went as far as to strike down the by-law sections in relation to the 20-centimetre rule, as well as a separate rule that says homeowners must remove noxious weeds.
“In this case, I find that the impact of the by-law’s tall grass and nuisance weed provisions on the right to freedom of expression is relatively serious,” said Doi. “Given the nature of Mr. Ruck’s expressive content about the importance of ecological conservation and re-wilding with nature, and his desire to convey this by offering his lifestyle as an example for others, the impugned provisions of the by-law serve to restrict his right to free expression on his own private property in a manner that is not insignificant.”
It’s a significant victory for the natural gardening community and one that could affect neighbouring municipalities. A Burlington homeowner is also in court fighting the city for razing her garden.
Carly Lewis is a journalist whose work has appeared in the New York Times and the New York Times Magazine, Vanity Fair, Wired, Interview Magazine, Pitchfork, Elle, and Maclean’s, where she is a contributing editor. Her work has been recognized by the National Magazine Awards and the Digital Publishing Awards. She reports on city life, culture—including what people do online—politics, art and crime. She received the Dave Greber Freelance Writers Award for “The Murder of Ashley Wadsworth,” an investigative feature about a Canadian teenager who was killed by a man she met on social media, published by Maclean’s.
