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 Canadian Constitution Foundation intervened 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. The violation of Mr. Ruck’s right to free expression cannot be justified. The primary effect of the Mississauga tall grass and weeds bylaw is to impose the city’s own subjective standards of aesthetic beauty on private property owners.
Jan 7, 2026 Update: VICTORY: Ontario court strikes down bylaw that let city mow down naturalized garden
The Canadian Constitution Foundation is thrilled to announce that this week, Justice M.T. Doi released his decision striking down those sections of the By-law that prohibit property owners from growing grass over 20 centimetres in height and growing certain plants. Justice Doi agreed with Ruck that his gardening was expressive activity, protected by section 2(b) of the Charter of Rights and Freedoms, and that the City of Mississauga had not met its burden under section 1 of the Charter of showing that their bylaw was a demonstrably justified limit on those rights.