TORONTO: The Canadian Constitution Foundation (CCF) is intervening in a case about freedom of expression, standards of aesthetic beauty, private property and naturalized gardens being heard by the Court of Appeal of Ontario on February 24. The case is called Ruck v Mississauga. The CCF’s factum is available here.
Wolf Ruck is a Mississauga based gardener, and he is fighting the city as a self-represented litigant over his naturalized garden. Mr. Ruck’s naturalized garden features native plants arranged to mimic a naturally occurring meadow and forest. It includes pollinator plants, tall grasses, untrimmed bushes, and acts as a habitat to small animals like chipmunks and birds. The garden is an expression of Mr. Ruck’s environmental and ecological beliefs, and his belief in emphasizing the value of Canadian native plants over imported cultivars.
The City of Mississauga is seeking to enforce a “tall grass and weed bylaw” by entering Mr. Ruck’s private property without his consent and mowing down his garden. The CCF is intervening in Mr. Ruck’s case to support the right to freedom of expression and Mr. Ruck’s right to express himself and his beliefs on his private property without government interference.