Yard maintenance rules and laws created decades ago, before people and governments were attuned to the ecological damage wrought by climate change and habitat loss, continue to be blindly enforced in suburban and urban neighborhoods. My guest this week, Ontario gardener Wolf Ruck, has fought hard to defend his right to use his yard to sequester carbon and reduce biodiversity loss, a battle that is ongoing.
Wolf lives in the City of Mississauga, which is just to the west of Toronto, Ontario’s capital city. For several years now, he has been appealing the city’s efforts to enforce its bylaws on his yard. The city demands that he mow down his native grasses and flowering plants to conform with weed control and nuisance ordinances. But Wolf is unrelenting.
Wolf Ruck is standing up to the city of Mississauga in defense of his natural yard. (Photo credit: Radio-Canada / Andréane Williams)
These battles are going on all around North America. Sometimes gardeners win, sometimes they get a slap on the wrist, and sometimes the consequences are very outsized considering the perceived offense. Wolf explains how outmoded bylaws contradict cities’ own biodiversity and climate goals.
Decades-Old Thinking
“There are definitely problems with the wording of some of these bylaws that hark back to the ’50s and ’60s , literally,” Wolf says, adding that sometimes the bureaucracy is hard to inspire to stay up to date and adopt best practices.
“Every industry that is responsible and is looking forward and is progressive, one of the first things they do is they continually monitor what is the best practice for their particular area of expertise and the product that they’re producing,” he says.
He sent dozens of emails to city bureaucrats and bylaws officers sharing information on the latest iterations of similar laws around the Mississauga area. He says the officials have been virtually unresponsive, in terms of substance, to any arguments he has made.
He says most cases that have made it to court considered the science, the environment and the ecology to justify what the property owners wish to do. But the 1996 case of Bell v. Toronto ended in a judge ruling that terms like “tall grass,” “excessive growth” and “weeds” in bylaws are void for vagueness.
There are 1,200 different types of grasses, Ruck points out, some of which are tall ornamental grasses.
“I don’t know what it’s like in the United States, but certainly in terms of the Canadian Charter of Rights and Freedoms, a garden is a form of expression,” Wolf says. “And on that basis, the judge essentially awarded the case to Sandy Bell because her charter rights were in fact violated.”
A common eastern bumblebee on Wolf Ruck’s property.
(Courtesy of Wolf Ruck)
A Three-Pronged Argument
Wolf explains that his case is somewhat different. It is not about the constitutionality of the bylaws and the city’s right to make the bylaws.
His case focuses on three main areas, he says. One of them is administrative law. In other words, how has the enforcement been carried out in his case?
He explains that under administrative law, there are requirements that have to do with procedural fairness, such as the need to listen to both sides of the argument and provide an avenue for appeal.
“There are about six or seven principles in administrative law that the city of Mississauga violated in terms of how they administered and enforced the bylaw in my case,” Wolf says.
The second pillar of his argument has to do with the Ontario Weed Control Act.
“The very first thing that struck me in looking at the Ontario Weed Control Act is that every municipality has to have a weed inspector on staff,” he says. Much of the act was incorporated into Mississauga’s bylaw, but Mississauga doesn’t have an inspector who is trained in botany or biology.
The Ontario Weed Control Act is primarily designed to prevent agricultural or horticultural operations from being impacted by seeds blowing from a particular type of plant, he says.
Wolf Ruck’s property provides indispensable nourishment and habitat for pollinators and other insects.
(Courtesy of Wolf Ruck)
“Within that Ontario Weed Control Act, it says, if a property is more than one kilometer away from an agricultural or horticultural operation, then it’s exempt from the Ontario Weed Control Act. … Of course, in the residential area where I live and where my property is, we don’t have agricultural or horticultural operations within one kilometer,” he says.
The Ontario Weed Control Act also has a provision for the ability to appeal to the chief weed inspector and state your case if you disagree with the weed inspector’s assessment. But when Wolf attempted to get some feedback in terms which plants and what grass violated the bylaws, he didn’t get the specifics he sought. He also wonders why there is no discretion used given the biodiversity and climate emergencies that we are reading about every day.
“In other words, we have to change our modus operandi that’s been on the books since the ’50s,” he says.
And lastly, the charter right for freedom of expression has clearly been violated, according to Wolf.
He acknowledges that the exception to the freedom is when it harms others, such as having an allergen on the property, poison ivy, an infestation of rodents, or a fire hazard. But he says the city never presented to the judge a scintilla of evidence that any of this was true of his property — it did not present a present or imminent harm to his neighbors. They only cited a “risk,” not evidence.
Rather than presenting evidence, city lawyers have only repeated what the law is, Wolf says. “The judges thus far that have looked at this, they literally automatically assume that whatever the city lawyer is saying is gospel.”
Wolf is currently representing himself in court. The appeal process is now in motion in front of the Ontario Court of Appeal, which hears appeals of decisions made at the superior court level.
Black-eyed Susans in Wolf Ruck’s yard.
(Courtesy of Wolf Ruck)
The Right to Self Expression Through Gardening
“You have the right to express yourself through your property,” Wolf says. “… Where some people see tall grass and weeds, I see nature at work. It’s alive. I look at my property, I look out the front door, and I see the grass waving in the wind, or I see butterflies, I see insects, et cetera, et cetera, landing on any pollinator-type plant. For me, it’s alive. It’s to be appreciated. It’s wondrous.”
He wants to affirm for his own conscientiousness that he is doing something to combat the negative consequences of climate change that will affect future generations.
Wolf Ruck observes nature in his yard. (Photo Credit: Lorraine Johnson)
A Trespass
“I was working in front of my garage, and the neighbor was cutting his lawn, and I happened to look over and notice he wasn’t just cutting his lawn,” Wolf recalls. “He was cutting the tall grass and weeds about four yards into my property.” …
The next thing Wolf saw, his neighbor was coming on his property with a canister of herbicide and spraying dandelions and other weeds. The neighbor killed a wooly mullein plant with that herbicide.
“The dead stalk is still there because I keep it there as a symbol of this, what I call trespass and trespass with malicious intent,” Wolf says.
Government Hypocrisy
Wolf has signs up at the end of his driveway explaining that his yard is intentionally wild. One says, “Pardon the weeds, we’re feeding the bees.” Another is a designation from the Canadian Wildlife Federation certifying that it is wildlife and pollinator-friendly habitat.
He points out that the City of Mississauga prides itself on being Canada’s 19th Bee City and runs programs to teach kids and adults the importance of naturalizing properties. The city also has plots where milkweed is planted to support monarch butterflies.
Wolf says to penalize him for his yard being natural is hypocritical and contradictory.
A paper wasp rests on a leaf.
(Courtesy of Wolf Ruck)
Wildlife Refuge
Chipmunks, rabbits and squirrels all nest on Wolf’s property, taking advantage of the islands of naturalized vegetation between mown paths.
“As a matter of fact, just a couple of days ago, for the first time I actually saw a mink walking through the tall grass and weeds,” Wolf shares.
When he says weeds, he means goldenrod, milkweed, eastern fleabane, daisies, woodland sunflowers and black-eyed Susans — so not really weeds at all, but ecologically valuable native plants.
Owls, hawks and eagles look for squirrels and other rodents on his property as do coyotes and foxes.
Deer in the tall grass & weeds.
(Courtesy of Wolf Ruck)
Decimation
The Mississauga bylaws include a provision that after seven days of non-compliance, the city may bring in a crew and cut whatever they want, Wolf says. In 2022 and 2023, the city came on his property and decimated everything but the goldenrod and milkweed, as documented in his YoutTube videos “LAWN RAGE – a Case for Change” and “LAWN RAGE II – Someone’s Cutting Our Grass!“ As of our July 2024 podcast recording, the city had not enforced the May 2024 Notice of Contravention it issued to Wolf.
“I have no guarantee that they won’t come tomorrow and cut my property again,” Wolf said in July.
In fact, despite letters and emails asking city authorities to pause enforcement until the Court of Appeal renders its decision, on October 17, 2024, the city enforced its bylaws for the third year running, as documented in “LAWN RAGE III – The Morning After.”
A common milkweed blossom.
(Courtesy of Wolf Ruck)
I hope you enjoyed my conversation with Wolf Ruck. If you haven’t listened yet, you can do so by scrolling to the top of the page and clicking the Play icon in the green bar under the page title.
Have your native garden efforts been discouraged by ordinances or bylaws? Let us know about your experience in the comments below.
Links & Resources
Some product links in this guide are affiliate links. See full disclosure below.
Episode 134: Bird Population Decline and What Gardeners Can Do to Help
Episode 142: Why Our Plant Choices Matter: Nature’s Best Hope, with Doug Tallamy
Episode 152: The Native Plant Trust: Why Plant Choices Matter
Episode 237: Ecological Gardening: Creating Beauty & Biodiversity
Episode 314: Native Gardeners vs. the HOA: An Important Victory for Wildlife
Episode 317: Native Gardeners vs. the HOA, Part II
Episode 331: The Ecological Garden Blueprint: 10 Essential Steps That Matter Most
Episode 400: Defending a Native Garden From Misguided Laws
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joegardener Online Gardening Academy Beginning Gardener Fundamentals: Essential principles to know to create a thriving garden.
joegardener Online Gardening Academy Growing Epic Tomatoes: Learn how to grow epic tomatoes with Joe Lamp’l and Craig LeHoullier.
joegardener Online Gardening Academy Master Pests, Diseases & Weeds: Learn the proactive steps to take to manage pests, diseases and weeds for a more successful garden with a lot less frustration. Just $47 for lifetime access!
joegardener Online Gardening Academy Perfect Soil Recipe Master Class: Learn how to create the perfect soil environment for thriving plants.
“Lawn Rage: A Case for Change” | YouTube
“Lawn Rage II: Someone’s Cutting Our Grass” | YouTube
“The gardener who took a Canadian city to court for the right to not mow his lawn” | The Guardian
Rescind Mississauga’s Tall Grass & Weeds By-Law 125-2017 | change.org
Fight Mississauga’s Tall Grass & Weeds By-Law | GoFundMe
“Canoeing and Kayaking” by Wolf Ruck
Soil3 – Our podcast episode sponsor and Brand Partner of joegardener.com
Territorial Seed Company – Our podcast episode sponsor and Brand Partner of joegardener.com
Proven Winners ColorChoice – Our podcast episode sponsor and Brand Partner of joegardener.com
Milorganite® – Our podcast episode sponsor and Brand Partner of joegardener.com
Disclosure: Some product links in this guide are affiliate links, which means we get a commission if you purchase. However, none of the prices of these resources have been increased to compensate us, and compensation is not an influencing factor on their inclusion here. The selection of all items featured in this post and podcast was based solely on merit and in no way influenced by any affiliate or financial incentive, or contractual relationship. At the time of this writing, Joe Lamp’l has professional relationships with the following companies who may have products included in this post and podcast: Corona Tools, Milorganite, Soil3, Territorial Seed Company, Earth’s Ally, Proven Winners ColorChoice, Farmer’s Defense, Heirloom Roses and Dramm. These companies are either Brand Partners of joegardener.com and/or advertise on our website. However, we receive no additional compensation from the sales or promotion of their product through this guide. The inclusion of any products mentioned within this post is entirely independent and exclusive of any relationship.
