Ontario’s Superior Court will deal with the balancing between the Charter right to free expression and community standards – this time, the question revolves around municipal weed control bylaws.
On February 26, Ontario’s Court of Appeal issued a one-paragraph decision returning the issue to the Superior Court level to be reargued because neither the Attorney General of Ontario nor the AG of Canada were informed of the Charter challenge.
The appeal dismissing now means the issue will be re-litigated, with all sides able to file more fulsome submissions and make more robust arguments.
The first time around, the applicant was self-represented and the municipality used in-house counsel.
The City of Mississauga won the first trial, the applicant Wolfgang Ruck filed an appeal.
The Canadian Constitution Foundation intervened at the Court of Appeal, arguing for private property rights and free expression against the municipal bylaw.
Background
Mississauga resident Wolfgang Ruck has a naturalized garden on his property. The tall grasses violate the city’s weed control bylaw, which states no grasses shall be taller than 20 centimetres.
When the City enforced the bylaw, Ruck challenged it in Superior Court, arguing that his garden expresses his views on using native plants and ecosystems and that his Charter right to expression was violated when the municipality enforced its weed control bylaw and used contractors to cut his lawn.
Ruck’s self-represented Charter arguments were rejected by a Superior Court judge in a May 2024 ruling.
Next Steps
A new trial date will be set. Notice will be given to the Attorney Generals, who will decide if they’ll send Crown counsel to oppose the Charter challenge.
Much depends on if the Canadian Constitution Foundation decides to join Ruck’s challenge.
If the CCF becomes involved, the City of Mississauga may chose to hire specialized external counsel.
No matter what happens, if this case returns to trial, Ontario’s municipalities will receive a new decision that provides always desired clarity on the weighting of Charter Rights and local community standards.
Related: Ruck’s website detailing his litigation: https://wolfruck.com/causes/ruck-v-city-of-mississauga/
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Published: April 6, 2025
Last updated: April 6, 2025
Author: Joey Coleman
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