City of Mississauga's Nuisance Weed and Tall Grass Bylaw Ruled Unconstitutional

Wolf Ruck and his naturalized landscape in June 2023, before the City of Mississauga mowed it down that year. (Photo by Lorraine Johnson)

A huge victory in Wolf Ruck’s court case over his naturalized garden, which the City of Mississauga cut down in 2022, 2023 and 2024.

The Ontario Superior Court of Justice ruled on January 6, 2026 that Mississauga’s Nuisance Weed and Tall Grass Control Bylaw violates the Charter-protected right to a naturalized garden as a form of expression and is unconstitutional in 2 key provisions: Section 5, which prohibits grass higher than 20cm, and Section 6, which prohibits Nuisance Weeds and Nuisance Weed Seeds.

This is the third time that Ontario Courts have ruled that provisions common in grass and weeds bylaws in municipalities across the country are unconstitutional infringements of the Charter-protected expressive right to a naturalized garden. As in the previous court rulings, that right is not absolute; however, any infringement of that right needs to be “minimally impairing” and proportionate, neither of which the City of Mississauga demonstrated, according to the Judge.

As noted by Justice Doi in his ruling, “it is not sufficient for [a municipality] to say, ‘we are doing what everyone else is doing.’” This puts all municipalities on notice—fix your grass and weeds bylaws so they conform to Court rulings on the Charter-protected right to a naturalized garden, or pay the price of losing in court when challenged.

More info and a link to the ruling can be found on Wolf Ruck’s website at https://wolfruck.com/ontario-court-strikes-down-mississauga-lawn-by-law-as-unconstitutional/

Illegal Mulch?!

There’s quite a contrast between Mississauga’s forward-thinking environmental policies and how some bylaws related to gardening are enforced on the ground.

Mississauga is a proud Bee City and has a Climate Action Plan that emphasizes protecting biodiversity. But take this example: a front yard where honey locust leaves have been left to enrich the soil, and mulch has been added to support overwintering pollinators and suppress weeds. The resident has already applied for a boulevard gardening permit for the spring, following all the appropriate steps. The boulevard area—technically the City’s right-of-way—is being managed with care and aligned with ecological best practices.

The City of Mississauga’s right-of-way extends from roughly the honey locust tree to the road.

Yet enforcement officers have ordered that the mulch be removed and replaced with turfgrass by early December (obviously, long past the sod-laying season in Ontario). Initial explanations for the order cited bylaws (the Property Standards bylaw and the Zoning bylaw) that don’t clearly address—or prohibit—mulch. Now, the Highway Obstruction By-law is being referenced as the reason for the order to remove the mulch, stating that boulevards can’t be “obstructed, damaged, encumbered, or fouled.” It’s hard to see how mulch used to prepare a native pollinator garden fits that description.

This situation highlights the need for greater clarity and alignment between municipal goals and enforcement. Supportive residents should feel empowered—not penalized—for contributing to a healthier urban ecosystem.

If you believe in nature-friendly cities, biodiversity, and evidence-based policy, please consider signing and sharing the David Suzuki Foundation’s Action Alert, and, if you live in Mississauga, contact your Councillor to support better by-law enforcement.

Pollinators need help—and so do the residents stepping up to protect them. Let’s align our bylaws with our biodiversity goals. 

I posted the above text on various Facebook groups, and was surprised when one of the comments referred to a Mississauga Council decision from May, 2025. Digging into it, I found that none of this should have happened to the resident in the first place. On May 14, 2025, Council passed a motion ordering a pause in enforcement of bylaws related to landscape features within the public boulevard until staff had conducted a comprehensive review of various bylaws related to boulevard gardens. Yet another example of the misalignment between enforcement and the City’s stated goals/directives.

As this screenshot from the City of Mississauga’s website shows, Council passed a motion in May 2025 ordering a pause in precisely the sort of enforcement action that this resident has been subjected to.

One final irony. I’d been in touch with this resident before, about a year ago. At that time, she lived in a condominium, and the Condo Board was ordering her to make all kinds of changes to her garden. In the end, she decided to move to a place where she could cultivate a native plant pollinator garden in peace. No such luck.

Busted for Leaving the Leaves

Emily Noel reached out to me a few years ago with a question about some native woodland plants that were struggling in her shade garden. I suggested amending the soil with compost and mimicking a forest floor by adding dead leaves to the bed and replenishing them every year. I encouraged her whole-heartedly in this soil-boosting and pollinator-friendly practice, and, as far as I knew, that was the end of it.

Little did I expect that Emily could be busted for following my advice.

Emily lives in Oshawa, and has been gardening for about five years in the front yard, back yard, and boulevard. She’s included many native plants in her garden (golden Alexanders, prairie smoke, eastern wild columbine, Virginia mountain mint, little bluestem, tufted hair grass, among others) along with non-natives she hoped would make the neighbours happy and appease any concerns they might have.

Despite Emily’s efforts, and some neighbours telling her they love her flowers, someone complained about the leaves in her garden. In Oshawa, leaves are explicitly included in the bylaw definition of “waste” and must be removed.

The “offending” leaves in Emily’s boulevard garden. (Photo courtesy of Emily Noel)

When a bylaw officer showed up a few weeks ago to warn Emily that there had been a complaint and to inspect her garden, Emily was armed with print-outs. (A neighbour had been yelling at Emily about her leaves, so she was anticipating some trouble.) Oshawa is a “Bee City” and so Emily showed the officer the text where Bee City recommends leaving the leaves as crucial pollinator habitat. Indeed, in Oshawa’s 2021 report to Bee City, the municipality notes that “The biggest challenge is shifting the perspective of citizens from a mindset that considers lawns or parks with weeds as undesirable, or un-raked lawns over winter as unsightly.” In the report, the City then commits to promoting “a paradigm shift in public attitude.” Apparently, the bylaw department didn’t get the memo.

Emily also showed him a print-out from the City’s website. In a section called “What you can do for pollinators,” it says “Leave…leaves, dry stems and dead branches to create habitat.” Emily pointed out that she was following the City’s own advice.

(Photo courtesy of Emily Noel)

None of that mattered, according to the officer. The bylaw is clear. Leaves are waste that must be removed.

He agreed to speak with his supervisor. First, though, he asked Emily if she’d consider removing the leaves, and Emily responded with an emphatic “NO.”

One can only guess what the Supervisor said, but another bylaw officer arrived several days later, again to discuss removing the leaves. The meeting did not go well, says Emily.

Although the bylaw officers were focused on the leaves as an infraction, Emily is also in contravention of a clause in Oshawa’s boulevard bylaw. This bylaw allows plants other than turfgrass on the boulevard, as long as the vegetation doesn’t exceed 3ft in height; Emily’s low-growing plants don’t exceed that height limit. But the bylaw also requires that boulevard plantings be set back 2ft from the sidewalk and 4ft from the road curb, essentially disallowing any landscaping on boulevards that are narrower than 6ft, as most are. Emily’s boulevard is wider than that, but her planting does not include a setback.

(Photo courtesy of Emily Noel)

Some people might be intimidated or unprepared to spend the time and effort, and emotional resources, required to fight bad bylaws that cause harm when you’re doing good. Not Emily. She’s spent years as a volunteer working to green Oshawa. She’s a David Suzuki Foundation Butterflyway Ranger and has done training on habitat creation. She sat on the Oshawa Environmental Advisory Committee and wrote a critique of the City’s boulevard policies, making recommendations to enable plantings other than turfgrass in these quasi-public spaces the adjacent resident is required to maintain. And now she’s leading an effort to reform Oshawa’s property standards bylaws.

And do Oshawa’s bylaws ever need reforming! Both the Lot Maintenance bylaw and the Property Standards bylaw prohibit having nurse logs, brush piles, leaves, and garden clippings (no “Chelsea Chop” allowed here!) in the yard. Not only are these pollinator-supporting and soil-building practices outlawed, but the Property Standards bylaw also mandates that your garden must be maintained with “a good appearance” and be “in harmony with the neighboring environment.” It must also be “clean and tidy.”

Oshawa’s bylaw requires that your landscape be “in harmony with the neighboring environment.” In Emily’s case, that means lawns. (Photo courtesy of Emily Noel)

Such vague terminology, open to subjective interpretation, has already been ruled “unenforceable” by the Ontario Court of Justice in the Sandy Bell decision decades ago. Unfortunately, Oshawa is not alone in keeping an unconstitutional bylaw on the books and in enforcing it, too.

It’s only when people stand up and fight back, or work proactively with their municipalities to change these bad bylaws, that habitat gardens will be safe from arbitrary enforcement.

If the City of Oshawa doesn’t back down, Emily is prepared to fight this. (She meant it when she said “NO” to removing the leaves.) Emily is hoping to work collaboratively with the City to amend the bylaws in support of pollinators. If it comes to a legal fight, though, she’ll start a GoFundMe.

(Photo courtesy of Emily Noel)

In the meantime, please help to reform these bad bylaws and enforcement practices across the country by clicking on the David Suzuki Foundation Action Alert below. This is one simple and immediately do-able way to let your municipality know that you support habitat gardens and you want bylaws and enforcement practices that support, rather than punish, them.

Supporting Bylaw Reform: Fighting Back Against Unfounded Complaints

The growing season has barely even begun, and already I’m hearing from native plant gardeners who are receiving Notices of Violation from their municipalities because of their habitat gardens. The good news is that people are starting to fight back—both individually and in groups organizing to urge for the reform of outdated and anti-ecological “grass and weeds” bylaws in their communities.

For groups starting to organize on this issue, there are some great resources and advocacy materials available. The national campaign for bylaw reform is a good place to start.

The Ecological Design Lab at Toronto Metropolitan University has loads of useful materials on Bylaws for Biodiversity.

My blog, under the Tag Grass and Weeds Bylaws has links and information and stories of people fighting back.

This native plant habitat gardener has rallied community support to advocate for change. (Photo courtesy of Brenna Lattimore)

And for anyone who has received an unfounded Notice of Violation, post your experience on social media if you are able to. Feel free to reach out to me via the contact button on my website if you’d like support.

And for anyone considering advocating for change to your municipality’s “grass and weeds” bylaw, here is a link to a very helpful document that lists “Key Features of Biodiversity-Supporting Bylaws.” Many municipalities don’t follow the practices outlined in this document, but change is only going to happen if we all start advocating for bylaw reform. This “Key Features” document provides guideposts for where municipalities can and should be with “grass and weeds” bylaws that support habitat gardens! Please consider using this checklist when advocating for bylaw reform in your municipality.