CCF Supports Legal Challenge Against City’s Destruction of Homeowner’s Garden

BRAMPTON — This morning, the Canadian Constitution Foundation will appear at Brampton Courthouse to intervene in the case of a Mississauga homeowner whose natural garden was repeatedly destroyed by City officials enforcing an aesthetic standards bylaw.

Wolf Ruck is challenging the constitutionality of Mississauga’s Nuisance Weed and Tall Grass Control By-law, which prohibits grasses taller than 20 centimetres and certain plant species. Mr. Ruck argues his garden of pollinator plants, tall grasses, and untrimmed bushes is a reflection of his environmentalist beliefs, and the bylaw violates his section 2(b) Charter right to freedom of expression. The City has admitted the law infringes on this right but claims the breach is justified because long grass poses a risk to safety.

The CCF aims to establish that the burden is on the City to prove the admitted violation is reasonable and justified under section 1 of the Charter, and in this case the City has failed to do so.

“How one chooses to design their garden is a form of expression,” said Christine Van Geyn, CCF Litigation Director. “This case is about whether governments can impose subjective beauty standards on private citizens at the expense of their Charter rights. The City repeatedly entered Mr. Ruck’s private property and destroyed his beloved garden. We are pleased to appear in court to help clarify the law on freedom of expression, and that cities don’t get to set standards of beauty.”

In February, the Ontario Court of Appeal set aside a lower court ruling that had upheld Mississauga’s enforcement against Ruck’s garden, allowing him to relaunch his legal challenge.

The CCF is represented in its intervention by John Mather and Lauren Baker of DMG Advocates.