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.
Unfortunately many tax payers will support it, because non-standard property appearance drags down property values. Or people just get their panties twisted by stuff. Some of my city’s aldermen are trying to make it illegal to grow corn (technically “vegetable gardens over six feet tall”) in city limits because they have gotten so many complaints from neighbors. Having a food plant visible near a residence? The horror!
Corn is a garbage crop to grow at home. The height thing is kina dumb, because they probably wouldn’t bat an eye about sunflowers and roses up on a trellis. But corn basically robs all the nutrients in the gardens soil incredibly fast, starving the other crops. Also as produce corn is the cheapest and most abundant staple and to grow a some what substantial amount you gota give up a significant portion of your garden.
There is a house a few blocks from me that, due to the shape of their property, has no backyard, it’s all front. They have maybe fifteen young chestnut trees (bloomed for the first time this spring, but don’t seem to have set), hazelnut bushes between all the trees, and maybe a ten foot by six foot bed of corn. I think other stuff, too, but those are the eye catching things.
I have no idea what they think they are going to do with all those nuts once the trees and bushes start producing, or whether they are growing some interesting variety of corn or just find it entertaining to grow a supermarket variety themselves, but it’s their property and I feel like they should be able to do what they want (garbage crops included) without the city getting up in their business.