Blog

MISSISSAUGA – The Canadian Constitution Foundation (CCF) is pleased that a City of Mississauga committee has unanimously recommended that city council repeal the unconstitutional nuisance weed bylaw, following a court victory by a homeowner who argued with the CCF’s assistance that the bylaw violated his freedom of expression.

Mississauga’s Nuisance Weed and Tall Grass Control Bylaw had been used against Mississauga resident Wolf Ruck, whose pollinator-friendly, native plant garden was mowed down by the City repeatedly because it did not conform to municipal aesthetic standards.

In January 2026, Ontario’s Superior Court of Justice concluded that Mr. Ruck’s garden was protected expression under section 2(b) of the Charter of Rights and Freedoms, and that the city had not proven the bylaw was a justified limit on his freedom of expression. The CCF intervened in the case to make arguments on freedom of expression.

On Wednesday, Mississauga’s General Committee voted unanimously to recommend repealing the bylaw and replacing it with a narrower framework that would not capture the plants at issue in Mr. Ruck’s garden. Unlike the previous bylaw, which banned 25 plant species, the new proposal would prohibit only five plants that the city says pose clear health and safety risks. The new bylaw would also maintain the 20-centimetre height restriction on lawns, but it would only apply to “turfgrass,” described as “a ground cover of perennial grasses cultivated for lawns that forms a dense and uniform turf when mown.”

Christine Van Geyn, Interim Executive Director for the CCF, said the proposal appears to address many of the constitutional concerns raised in court, while emphasizing that CCF support will depend on the final version adopted by Council.

“This looks like a significant improvement, so we’re cautiously optimistic until we can review the actual text and Council takes the final vote,” said Van Geyn. “The new approach appears to make space for people to express themselves through naturalized gardens which we’ve established is protected by the Charter.”

Josh Dehaas, Interim Litigation Director for the CCF, said municipalities must not impose subjective standards of beauty on residents.

“You should be able to grow native Ontario plants in Ontario,” said Dehaas. “City councillors should not get to decide what kind of garden is and isn’t beautiful.”