The Sinclairs have been working hard for years to create a garden that supports wildlife and biodiversity. They’ve spent thousands on native plants, had their yard certified as habitat by two non-profit organizations, and followed scientifically sound advice to add habitat features such as dead logs to their landscape.
The Sinclairs’ habitat garden in Smiths Falls, Ontario, is repeatedly visited by bylaw enforcement officers. (Photo courtesy of Craig Sinclair.)
A neighbour has been making regular complaints to the Town of Smiths Falls about the Sinclairs’ habitat garden. Bylaw officers have visited numerous times, and with each visit, the Sinclairs have been forced to defend their planting.
Recently, the Sinclairs received a violation notice, ordering them to remove the dead logs in their habitat garden because the Town considers these important habitat features to be “waste” under the Property Standards bylaw.
The logs that the Town considers “garbage” are used as habitat by wildlife such as this pileated woodpecker. (Photo courtesy of Craig Sinclair.)
When will this madness stop?
The Sinclairs are appealing this order, but it comes at great personal cost to them, emotionally and otherwise. (They were told that the fee to appeal is $150, but it’s more than the financial cost…they feel targeted and harassed for their positive environmental actions.)
The Smiths Falls Town Council spent about half an hour debating the Sinclairs’ yard, and during the debate, many misconceptions were voiced. For example, one Councillor thought that pollinator gardens could only be created in sunny gardens. Here’s a link to the Council discussion (it starts at 1:02): https://www.youtube.com/channel/UCIFXU6Sq9neiC5VU9QbmLtQ
Ironically, a few Councillors felt that what the Sinclairs were doing in their yard represented the way of the future, but that Council’s hands were tied because of the wording of the bylaw. Instead of changing the bylaw, or putting enforcement on hold until the bylaw could be reformed, they decided to punish the Sinclairs for their future-focused, positive actions in support of biodiversity.
(Photo courtesy of Craig Sinclair.)
This madness will only stop when people pressure municipalities across the country to reform these outdated and retrogressive bylaws. The courts have already ruled on the unconstitutionality of vague and arbitrary grass and weeds/Property Standards bylaws, but municipalities all over are ignoring the rulings. The connected crises of biodiversity loss and climate change call for each of us to advocate for biodiverse, resilient landscapes, and that includes advocating for the reform of outdated, vague and arbitrary grass and weeds bylaws!
