A Burlington homeowner is fighting charges over her “naturalized garden” of native plants in her front and back yards. The city is taking Karen Barnes to Provincial Offences Court, seeking up to $400,000 in fines for violating a bylaw order to cut it down.
Barnes is challenging the case on constitutional grounds, arguing her right to freedom of expression through gardening is protected under the Charter of Rights and Freedoms.
She says her garden supports pollinators, biodiversity and wildlife, reflecting her environmental and spiritual beliefs. She appeared for a pre-trial hearing on Wednesday and is scheduled for a two-day trial in November, according to her lawyer, Vilko Zbogar.
Zbogar says the case is about more than the fine. “Courts have recognized since at least 1996 that freedom of expression under the Charter protects natural gardens as expressions of profound environmental values,” he said. “For Karen, it’s also a spiritual exercise — tied to her creed and beliefs. This falls under Sections 2(a) and 2(b) of the Charter: freedom of conscience and religion and freedom of expression.”
Experts say naturalized gardens and meadows can attract far more pollinators than regularly mown lawns, while also using less water and improving soil health.
HOAs in general and all the bs that goes with it like this “law” are a thing of the past and don’t reflect the current world we live in. Pristine manicured yards have caused problems across the globe for the underlying systems that keep the earth healthy and vibrant. We need to relearn how to live in the environments we find ourselves in, not cater them to our own self deluding fantasies of perfection.
HOAs aren’t really a thing in Canada, she is being taken to court by the city.
I am aware, I was alluding to the whole idea of it, which the city has taken the role of in this case. I believe it is ridiculous beyond maintaining house size for sanity sake. I get there is building code for things, why is there garden code? Stay out of my yard!!
HOAs are the invasive species
It sounds like they are, but thankfully they haven’t taken root in Canada.