OPEN LETTER: Request to Rethink and Pause By-Law 125-2017 Enforcement Action
To: <Ross.Spreadbury@mississauga.
Cc: Stephen Dasko <Stephen.Dasko@mississauga.ca>
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Mayor Carolyn Parrish
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IN RE: Request to Rethink and Pause By-Law 125-2017 Enforcement
Action
Hello Mayor
Parrish, Mississauga City Councillors, By-law Enforcement Officials, et al.
I am writing
to respectfully request that you reconsider and pause forthwith the proposed Enforcement
Action scheduled for next week in respect to my property at 1720 Lincolnshire
Blvd., which has been targeted for remediation under Mississauga’s "Tall
Grass and Nuisance Weeds" By-law 125-2017 for the fourth year in a row
since 2021.
This request is made with the aim of allowing time for the City to
reflect on several critical issues before proceeding with Enforcement,
particularly in light of my Appeal currently before the Ontario Court of
Appeal, and the broader implications of this case for municipal environmental
stewardship, legal accountability, and public perception in Ontario and Canada.
As we navigate a period of unprecedented biodiversity decline, global warming, and ecosystem collapse, my efforts to establish a wildlife- and pollinator-friendly habitat reflect current trends in Rewilding Urban Landscapes. This initiative aligns with the growing recognition that naturalized spaces within cities are essential to counteract environmental degradation and ecocide.
Key Points to Consider:
- Ecological Importance of
Rewilding Efforts:
My property promotes the conservation of native plants, pollinators and wildlife, and serves as a small but significant step towards preserving biodiversity in Mississauga. Rewilding and naturalizing urban spaces, as opposed to strictly enforcing outdated aesthetic norms reflected in conventional lawns, are increasingly regarded as responsible actions to combat climate change and ecosystem collapse. Proceeding with enforced remediation will send a negative message about the City’s priorities in regard to environmental stewardship. - Legal Obligations and the
Pending Appeal:
As you are aware, the City’s Enforcement Actions are subject to my legal challenge currently before the Ontario Court of Appeal. It is crucial that the City complies with the relevant provisions under Administrative Law, the Ontario Weed Control Act, Ontario’s Municipal Code and the Charter, before proceeding with Enforcement. Importantly, there are obligations for the City to respect the protections under the Charter of Rights and Freedoms, specifically Section 2(b) related to Freedom of Expression and Sections 7 and 11(h) related to Nuisance Harassment and Double Jeopardy, as outlined in my most recent Letter #8 to MBLEO Williamson with attached Notice of Trespass and Mischief dated October 3, 2024. - Negative Publicity:
The ongoing legal case with the City has generated significant local, national and international attention, casting Mississauga’s self-promoting “Canada’s 29th Bee City” moniker in an unfavorable light for being self-contradictory, hypocritical and hostile towards innovative and responsible environmental practices in light of the City’s obstruction of my grassroots efforts. - Potential Liabilities:
Should Enforcement proceed without the appropriate reconsideration and pause requested, the City and its decision-makers could face individual and collective liability for penalties associated with violations of Administrative Law, the Ontario Weed Control Act, Ontario’s Municipal Code and the Charter. - Administrative Law and
Penalties:
The City of Mississauga decision-making Authorities have a duty to comply with Procedural Fairness and Administrative Law, particularly in the context of my pending Appeal. Moving forward with Enforcement without proper legal standing (i.e., in the absence of a court-approved Warrant to enter my property) could expose the City to significant liabilities. As noted in previous communications with attached Notice of Trespass and Mischief, Enforcement Action taken without Due Process may lead to penalties under the Criminal Code for invasion of privacy, interference with enjoyment, use and operation of property, and destruction of property, which carry severe consequences for both the City and its agents. - Unspecified &
Suspect Grounds:
Notwithstanding my repeated requests, the City of Mississauga decision-making Authorities to date have failed to provide any evidence of objectively valid grounds underpinning the unspecified and suspect “Anonymous Neighbour Complaint(s)” which trigger the City’s Notices and Enforcement Actions in my case, which begs the question: Why are the rights of “Anonymous Neighbour Complainant(s)” accorded precedence over my protected rights under Administrative Law, the Ontario Weed Control and the Charter? - Unjustified
Urgency:
Notwithstanding my repeated requests, the City of Mississauga decision-making Authorities to date have failed to provide any objective evidence of present or imminent harm to unspecified and suspect “Anonymous Neighbour Complainant(s)”, or to our community at large, allegedly posed by my property’s pollinator- and wildlife-friendly habitat, which begs the question: Why is there such urgency for Enforcement Action on my property that the City of Mississauga cannot wait until the Appeal process has run its course?
Request
for a Stay of Enforcement Pending Appeal
In light of all
of the above, I respectfully urge the City to stay any contemplated Enforcement
Actions until the Ontario Court of Appeal has rendered a decision in my case.
With this approach, the City of Mississauga will not only safeguard its legal
position, but also demonstrate its professed commitment to environmentally
responsible stewardship and to “Excellence
ensuring the citizens of Mississauga receive value for money; and delivering
excellence internally through innovation and the services we provide.”
I appreciate
your attention to this important matter and look forward to your response.
Should you require any further information or clarification regarding this
request, please do not hesitate to contact me.
Sincerely,
WOLF RUCK
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