Constitutional right to a wild garden with weeds and bees to be tested in Ontario court

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.